As the Joshlin Smith trial enters its final phase, Day 39 is expected to continue with logistical and procedural planning ahead of this week’s critical sentencing hearings.
What to expect from the Joshlin Smith trial on Day 39
Legal teams will finalise preparations, including social worker consultations and confirmation of witness logistics.
With the court setting strict deadlines, all parties are under pressure to ensure readiness for the proceedings starting Tuesday.
The court confirmed that final sentencing will be delivered on Thursday, 29 May 2025, in Saldanha.
Before that, Tuesday, 27 May will see the presentation of victim impact statements and expert reports, and Wednesday, 28 May has been set aside for sentencing arguments.
Proceedings on these days are scheduled to begin at 09:30 to accommodate technical setups.
Tune into the live proceedings below.
Recap of Day 38: Key testimonies and new revelations
Day 38 of the Joshlin Smith trial was largely administrative but no less consequential.
Judge Nathan Erasmus, visibly frustrated, reprimanded the Department of Correctional Services for delays in transporting the accused to court—a delay that held up proceedings by over an hour. This incident underlined the court’s urgency as the trial nears sentencing, with key dates and procedures now clearly defined.
Day 38 also addressed the logistics of upcoming witness testimonies. The state confirmed that a witness—an expert possibly in human trafficking—will testify virtually from the United States.
The community’s victim impact statements have been prepared in Afrikaans and will require interpretation during presentation. These documents are expected to be in court by Monday, 26 May.
On the defence side, uncertainty remains about who will present evidence. Advocate Fannie Harmse, stepping in for Kelly Smith’s legal representative, said he was unsure if Kelly would provide evidence.
He noted that Kelly has met with a social worker, while her co-accused Jacquen Appollis had not. Steveno van Rhyn’s lawyer, Advocate Nobahle Mkabayi, is awaiting social worker reports and has not confirmed whether Steveno will present any evidence.
The judge reminded counsel that if any of the accused intend to apply for leave to appeal their convictions, they must be ready to do so immediately after sentencing. He stressed that sufficient time has passed for all parties to prepare their respective cases and arguments.
Additionally, Judge Erasmus announced a separate hearing to determine whether State witness Lourentia Lombaard will be granted indemnity under her Section 204 status.
This hearing will take place in the new term at the Western Cape High Court and will not involve the current accused.