The Joshlin Smith case has returned to court for the first time since 29 May 2025, when Kelly Smith, Jacquen Appollis, and Steveno van Rhyn were found guilty of trafficking and kidnapping the six-year-old girl who disappeared in February 2024.
Appeal hearing begins in Joshlin Smith case
The three were sentenced to life in prison for trafficking and an additional 10 years for kidnapping. Today, they are asking the court for leave to appeal — a legal term that means they want permission to challenge both their guilty verdicts and their sentences.
The appeal hearing is set down for two days, starting at 09:00 SAST, and can be watched via the live stream embedded in this article.
What is an appeal and how does it work?
An appeal is when a convicted person asks a higher court to review their case. They must first get permission from the same court that sentenced them — this is called “leave to appeal.”
If the Western Cape High Court agrees, the case will be heard again by a full bench — three judges who will decide if the conviction or sentence should be changed.
If the court refuses, the accused can try to take the case to the Supreme Court of Appeal in Bloemfontein, but only if that court believes there’s a legal reason to hear it.
State prosecutors have already made it clear they will fight the appeal.
Senior State Advocate Aradhana Heeramun said they are confident the original judgment was correct and will defend it “with full force at every level.”
The unresolved Lourentia Lombaard matter
The court will also deal with the situation involving Lourentia Lombaard, a witness who testified for the state under Section 204 of the Criminal Procedure Act.
This law allows a witness to avoid prosecution if they give full and honest testimony — but if they are later found to have lied or withheld information, they can still face charges.
The court must now decide whether Lombaard should be prosecuted for her role in the case.
Joshlin is still missing
Although the trial ended in May with guilty verdicts, Joshlin herself has never been found. Police recently searched parts of Saldanha Bay again after receiving new leads.
State prosecutor Zelda Swanepoel has said she believes Joshlin may still be alive, noting that DNA testing on recovered bones and clothing found during earlier searches did not match the child.