As the trial into the disappearance of Joshlin Smith enters Day 35, the court will hear closing arguments from Advocate Nobahle Mkabayi, who represents Steveno van Rhyn, followed by the legal representative for Kelly Smith.
What to expect from the Joshlin Smith trial on Day 35
The defence will aim to challenge the strength of the State’s case, particularly focusing on the credibility of key State witness Lourentia Lombaard and the admitted statements of the accused.
Judge Nathan Erasmus has made it clear he expects all remaining closing arguments to be completed by the end of today, Wednesday, 30 April 2025.
Proceedings will begin at 08:30, and there is pressure on both defence teams to conclude swiftly to allow the judge to finalise judgment preparations.
With judgment anticipated on Friday, 2 May 2025, the outcome of today’s arguments will play a critical role in shaping the final ruling.
Readers can follow the live trial coverage today as the courtroom battle intensifies.
Recap of Day 34: Key testimonies and new revelations
Day 34 of the Joshlin Smith trial marked a major milestone, with the State formally closing its case after presenting a detailed timeline and extensive legal arguments.
The prosecution described the case as unique because it involved a trafficking allegation without the recovery of the victim.
The State argued that, despite Joshlin’s body never being found, evidence pointed strongly to a conspiracy involving Kelly Smith, Jacquen Appollis, Steveno van Rhyn, and State witness Lourentia Lombaard to sell the child for exploitation, described under law as modern slavery.
“Joshlin was sold, and it was a planned agreement between the accused,” the State said, highlighting Lourentia’s testimony that Joshlin was targeted for her eyes and skin
The State stressed that under South African trafficking laws, particularly Section 11 of the PACO TIP Act, it was not necessary to prove the element of “means” when the victim is a child. Instead, the focus is on proving the purpose of exploitation.
Prosecutors argued that the intended exploitation was evident through testimony about body parts and the nature of Joshlin’s commodification.
Judge Erasmus reminded the court that, while accomplice testimony like Lombaard’s must be treated with caution, it remains admissible and credible if found reliable. He warned:
“You look at it holistically… determine whether the evidence of a witness in some respects might not be trustworthy or credible but it is reliable.”
Defence lawyer Advocate Fannie Harmse delivered a fierce attack on Lombaard’s credibility, pointing to inconsistencies in her statements about the day Joshlin disappeared and the timing of alleged discussions about the sale.
He argued that her evidence was unreliable and that the court should disregard it when considering Jacquen Appollis’ fate. However, Harmse’s performance was criticised by the judge for referencing outdated cases and appearing unprepared during legal arguments.
A key point of tension remains the conflicting versions between Lombaard’s evidence and statements from Jacquen and Steveno, particularly regarding whether Joshlin was handed over to a woman in a white Polo or to someone named “Ma Ka Lima” (Phumza Sigaqa).
The State maintains that, despite minor contradictions, the essential facts presented by Lombaard hold up under scrutiny.
Judge Erasmus confirmed that today’s session will push to complete all remaining closing arguments so that he can focus on drafting the final judgment over the next two days.
