The Western Cape High Court, sitting in Saldanha Bay, has delivered its verdict in the case of missing six-year-old Joshlin Smith.
Joshlin Smith trial concludes with all accused found guilty
Judge Nathan Erasmus found Kelly Smith, Jacquen Appollis and Steveno van Rhyn guilty of both human trafficking and kidnapping.
In a judgment that lasted over two hours, Judge Erasmus gave a detailed account of the testimonies, evidence, and the law under the Prevention and Combating of Trafficking in Persons (PACO-TIP) Act, used to charge the accused.
The state had to prove three elements: what was done to Joshlin, how it was done, and why. Under Section 11.1 of the Act, the prosecution did not need to prove the “means” used because the victim is a child.
The judge supported this interpretation, referencing a similar case, S v Ngcazana, and confirmed that the legal framework allowed him to focus on the purpose and result of the crime.
He found that the evidence showed Joshlin had been commodified and sold, even if the exact method of handover could not be definitively proven. Judge Erasmus stated, “By treating a child as a commodity that can be sold, it falls within [the law’s] definition [of trafficking].”
The judge highlighted inconsistencies in Kelly Smith’s accounts and a disturbing lack of concern about her missing daughter.
He also pointed to corroborated statements from witnesses like Lourentia Lombaard, who testified about the plan to sell Joshlin, and evangelist Nico Coetzee, who recalled a chilling conversation with Kelly about a future event in Diazville that would be “like a movie scene.”
Erasmus dismissed claims by Jacquen and Steveno that they were tortured into giving their confessions, describing their defence as “so bad, nobody can believe it.”
The court ruled:
“On Count 1, you are guilty of the contravention of Section 4.1 of the Act read with the other legislation on trafficking in persons in relation to Joshlin Smith. On Count 2, you are also convicted of kidnapping in relation to Joshlin Smith.”
What happens next? – Possible sentencing each accused could get
Now convicted, the three accused await sentencing, which will take place at the same venue in Saldanha Bay.
A ‘housekeeping’ date has been set for 9 May 2025.
Under the PACO-TIP Act, a conviction for child trafficking can carry a maximum sentence of life imprisonment. Similarly, kidnapping charges—especially involving a minor—also allow for lengthy prison terms.
The court has requested that the State prepare victim impact statements. The judge also indicated that mitigation arguments, which are used to argue for a lighter sentence, would be heard should the defence choose to present any.
Jacquen Appollis and Steveno van Rhyn admitted to having previous convictions. Kelly Smith has no prior convictions on record.
Judge Erasmus has not yet ruled on whether state witness Lourentia Lombaard, who turned state witness under a Section 204 agreement, will be granted full indemnity from prosecution.
He stated that this decision will be made after all evidence in the case has been fully considered during the sentencing phase.
The upcoming sentencing proceedings will offer the final chapter in the trial that has gripped Saldanha Bay and the nation.
As it stands, the whereabouts of Joshlin Smith remain unknown.