The first day of the two-day bid by Kelly Smith, Jacquen Appollis, and Steveno van Rhyn to secure leave to appeal their convictions for kidnapping and human trafficking six-year-old Joshlin Smith unfolded with high-stakes arguments, tense exchanges, and a fresh reminder that the search for the missing child is still active.
The proceedings at the Western Cape High Court were split into two distinct battles: the fight over whether the State’s Section 204 witness, Lourentia ‘Renz’ Lombaard, should be granted immunity, and the defence’s attempt to convince Judge Nathan Erasmus that the trial court erred in convicting the trio.
Lombaard’s immunity takes centre stage
The day began with an unexpected procedural snag. Advocate Eben van Tonder, who had previously acted for Lombaard when she became a Section 204 witness, was no longer mandated to represent her. Legal Aid had been instructed to reappoint him, but he declined — prompting Judge Erasmus to order him to take the matter on pro bono.
Section 204 of the Criminal Procedure Act allows a witness to avoid prosecution if they testify “frankly and honestly” about their role in a crime. Van Tonder argued that Lombaard met the legal requirements for immunity, noting that her testimony was corroborated by other witnesses and formed part of the State’s circumstantial case linking Smith, Appollis, and van Rhyn to Joshlin’s disappearance.
He attributed contradictions in her statements — particularly between those made in March 2024 and October 2024 — to the pressures of testifying, media scrutiny, and her drug use at the time of her first statement. By October, Van Tonder said, she was sober, no longer in contact with Smith, and motivated by guilt to tell the truth.
Judge Erasmus questioned these contradictions and placed her matter on hold, pending arguments in the leave to appeal applications.
Defence launches attack on convictions
Advocate Fannie Harmse, representing Appollis, focused on the trial court’s decision to admit his client’s 5 March 2024 extra curial statement. Harmse maintained that the statement was coerced, pointing to injuries allegedly sustained while in police custody. He argued there was insufficient evidence to conclude those injuries were accidental.
Advocate Nobahle Mkabayi, for van Rhyn, echoed the coercion argument and challenged the State’s reliance on “common purpose” without proving the core elements of kidnapping or trafficking beyond a reasonable doubt.
Both advocates targeted Lombaard’s credibility, portraying her as a self-serving witness who adjusted her account to secure immunity. They insisted her evidence was riddled with contradictions, particularly about timelines, locations, and the alleged R20 000 payment for Joshlin.
However, these arguments face a significant hurdle: during the trial-within-a-trial, the court had already weighed allegations of torture, considered medical evidence from two doctors, reviewed video recordings of the statements, and ruled that both Appollis and van Rhyn’s confessions were admissible.
What happens tomorrow
When court resumes, Mkabayi will conclude her submissions before the floor passes to Advocate Rinesh Sivnarain for Kelly Smith’s argument. Judge Erasmus may then deliver rulings on:
- Whether the three convicted individuals will be granted leave to appeal.
- Whether Lombaard will be granted full immunity.
Both outcomes could shift the legal landscape — prolonging the matter if an appeal is allowed, or closing off certain defence strategies if it’s refused.
Search for Joshlin reignited
Away from the courtroom, police confirmed they have returned to Saldanha Bay’s Middelpos informal settlement following new, untested leads in the search for Joshlin.
Western Cape SAPS spokesperson Brigadier Novela Potelwa said canine units, search and rescue teams, and local officers were involved in the operation. The case remains open because Joshlin has never been found.
State prosecutor Advocate Zelda Swanepoel recently said she believes Joshlin may still be alive, citing the absence of any positive DNA results from previous searches of recovered remains or clothing.
“If we now receive any other evidence or information… as to who Joshlin was sold to or delivered to… we will still be able to prosecute all of those people,” Swanepoel told a National Freedom Network webinar.
Watch our full breakdown below: