The Western Cape High Court is scheduled to deliver sentencing on Day 41 of the Joshlin Smith trial, where Kelly Smith, Jacquen Appollis, and Steveno van Rhyn stand convicted of human trafficking and kidnapping.
What to expect from the Joshlin Smith trial on Day 41
The session, expected to begin at 09:00 in Saldanha Bay, may also include last-minute applications for leave to appeal.
Legal observers anticipate a life sentence for the human trafficking charge under Section 14 of South Africa’s Prevention and Combating of Trafficking in Persons Act, with any sentence for kidnapping likely to run concurrently.
The judge will first address any outstanding procedural matters before delivering the sentence.
Defence teams may attempt final arguments for leniency, although their submissions on Day 40 were limited in scope and impact. Should the court dismiss the appeals and proceed directly to sentencing, the convicted parties could face immediate transfer for incarceration.
The decision will mark a pivotal moment in a trial that has spanned weeks of intense testimony and national interest.
Proceedings are expected to begin at 09:00.
Recap of Day 40: Key testimonies and new revelations
Day 40 brought the trial to an emotional and legal climax. Expert witnesses and impact statements underscored the depth of the tragedy surrounding Joshlin Smith’s disappearance.
Anti-trafficking specialist Dr. Van der Waart testified that Kelly Smith began plotting her daughter’s sale as early as August 2023, calling it a “calculated crime.”
His comparison to a similar 2008 case from Gqeberha drew chilling parallels, with both victims never found.
Social worker Errol Pietersen provided pre-sentencing reports on the three accused. He described Jacquen Appollis as emotionally conflicted but dishonest, Steveno van Rhyn as unrepentant and dangerous, and Kelly Smith as manipulative and emotionally disengaged.
According to Pietersen, “Kelly Smith is the mastermind behind the trafficking of her own daughter.”
Victim impact statements delivered in court painted a harrowing picture. Natasha Andrews, Joshlin’s foster mother, described the girl’s laugh and their memories, saying, “There’s a permanent void left behind.” Kelly’s own mother, Amanda Daniels, cried out in court, “Kelly, you’ve made our lives hell on earth.”
The State concluded with a firm call for life imprisonment, stating:
“There are no compelling circumstances to deviate from the prescribed sentence.”
Each defence counsel cited mitigating factors, but these arguments were met with skepticism from Judge Erasmus, who appeared unconvinced by the pleas.
