Section 204 witness Lourentia Lombaard will not face prosecution for her role in the Joshlin Smith case after Judge Nathan Erasmus decided she met the legal requirements for immunity.
Lourentia Lombaard granted immunity
In South African law, a Section 204 witness is someone who agrees to testify truthfully in exchange for protection from being charged for certain crimes related to the case.
Judge Erasmus said Lombaard answered all questions “frankly and honestly” during her testimony.
He explained that while she knew arrangements were being made that led to the crime and did not speak up, she did not actively take part in the kidnapping or trafficking of six-year-old Joshlin Smith.
As a result, she was indemnified — meaning she cannot be prosecuted for these offences.
Defence bid to appeal convictions rejected
Earlier in the day, the Western Cape High Court heard arguments from the defence teams of the convicted accused, including Kelly Smith, Jacquen Appollis, and Steveno van Rhyn.
All three are serving life sentences for human trafficking of a child and other charges.
Advocate Nobahle Mkabayi, representing van Rhyn, argued that the court had made errors during the trial and sentencing.
However, Judge Erasmus pressed her repeatedly to base her submissions on concrete facts rather than broad statements.
“There is no compelling reason that the appeal should be granted,” the judge said in his ruling.
He explained that the reasons for the convictions and life sentences were already fully outlined at sentencing, and the court had carefully considered the evidence, including observing the witnesses’ behaviour during testimony.
Judge’s reasoning on life sentences
In refusing leave to appeal, Judge Erasmus said life imprisonment for human trafficking of a child was appropriate in this case, especially because the convicted showed no remorse.
He added there was no reasonable prospect of a higher court overturning the convictions or reducing the sentences.
The judge made it clear that the court had drawn conclusions based on both factual findings and circumstantial evidence — indirect evidence that still points strongly to a conclusion when taken together.
Joshlin Smith’s kidnapping and trafficking case has been one of the most closely followed trials in the Western Cape.
The six-year-old’s disappearance and the subsequent investigation led to multiple arrests and convictions.
Lombaard’s testimony formed part of the state’s case against the accused, providing inside information in exchange for legal protection under Section 204.
With the defence’s leave to appeal now rejected, the convictions and life sentences handed down to the three accused remain in place.