Justice in Joshlin Smith case as trio sentenced
Two years after the disappearance of six-year-old Joshlin Smith shocked the nation, sentencing has been handed down.
The Western Cape High Court sitting at the White City Multipurpose Centre in Saldanha Bay on Thursday sentenced her mother, Kelly Smith, along with co-accused Jacquen Appollis and Steveno van Rhyn, to life imprisonment for kidnapping and human trafficking.
The emotional conclusion of the three-month-long trial brought some measure of closure to a heartbroken community that had been calling for answers since Joshlin vanished from her Diazville home in February 2023. Despite the sentencing, the child’s whereabouts remain unknown.
A Timeline of Tragedy and Trial
The case began in early March 2023, when blood-stained clothing was found, prompting an intensified police investigation. Four people were initially arrested—Kelly Smith, her boyfriend Jacquen Appollis, Steveno van Rhyn, and Phumza Sigaqa. Charges against Sigaqa were later withdrawn due to a lack of evidence.
Police later arrested Lourencia Lombaard, who confessed to her involvement but turned state witness, resulting in her charges being dropped. The remaining trio was formally charged with trafficking and kidnapping Joshlin for alleged muti purposes, reportedly for R20,000.
Numerous court postponements followed throughout 2023, culminating in the trial being transferred to the Western Cape High Court. Given overwhelming public interest, the court convened in Saldanha Bay in early 2024.
Gripping Testimonies and Emotional Scenes
The court heard harrowing testimony throughout the trial. Kelly Smith admitted to using drugs the day her daughter disappeared. Witnesses, including her sister Mickeyla Daniels and Joshlin’s teacher Edna Maart, testified that the child was allegedly being trafficked to West Africa.
On Tuesday, human trafficking expert Dr. Marcel van der Watt testified that the accused were part of a deliberate and coordinated plan to sell Joshlin, describing the actions as calculated and financially motivated.
Probation officer Errol Pietersen painted a grim picture of each accused. Van Rhyn was described as emotionally detached and unremorseful, even saying he didn’t care what happened to the child.
Pietersen suggested that Smith manipulated Appollis, whom he described as quiet but vulnerable due to drug abuse. He further characterised Kelly Smith as the mastermind, alleging she fabricated parts of her personal history and was considered controlling by those close to her.
Victim Impact and Sentencing
The emotional toll on the community was clear during Wednesday’s proceedings. Kelly Smith broke down when a video clip of Joshlin laughing was played in court. Victim impact statements read by court preparation officer Deonett Boltney included messages from Joshlin’s teacher, her best friend, and her grandmother, Amanda Daniels, who accused Kelly of destroying their family.
Prosecutor Zelda Swanepoel urged the court to impose life sentences and requested the inclusion of all three names in the National Child Protection Register.
Defence lawyers asked for leniency, citing personal hardships and the potential for rehabilitation.
But Judge Nathan Erasmus was unequivocal. “I could not find any mitigating circumstances,” he said, handing down life sentences for human trafficking and 10 years each for kidnapping, to be served concurrently.
A Community Still Searching
Despite the outcome, Joshlin remains missing. Her grandmother and police officials have vowed not to rest until she is found.
Western Cape Police Commissioner Thembisile Patekile reiterated the province’s commitment to the ongoing investigation, calling for continued community cooperation.
“We owe it to Joshlin and every missing child in this country to never stop searching,” he said.
The sentencing closes a painful chapter for Saldanha Bay but leaves behind a haunting question: Where is Joshlin?
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