A member of the public wears a shirt with a picture of missing child Joshlin Smith at court in Saldanha Bay on 29 May 29 where Raquel "Kelly" Smith and co-accused Steveno van Rhyn and Jacquen Appollis will receive their sentences after being found guilty of trafficking Smith's six-year-old daughter who has been missing for more than a year.
CAPE TOWN - In a landmark ruling that sent shock waves through South Africa, three individuals have been sentenced to life imprisonment for the trafficking and kidnapping of six-year-old Joshlin Smith, who remains missing more than 15 months after her disappearance.
Judge Nathan Erasmus of the Western Cape High Court handed down sentence on 29 May to Joshlin's mother, Racquel "Kelly" Smith, her boyfriend Jacquen "Boeta" Appollis, and their friend Steveno van Rhyn. Each received life imprisonment for human trafficking and an additional 10 years for kidnapping, with the sentences to run concurrently.
The trio was convicted earlier this month after an eight-week trial that captivated the nation. The court heard damning testimony that Joshlin had been sold for R20,000 to a traditional healer who reportedly wanted the child for her "eyes and light skin".
"The accused did not show remorse and up until the eve of sentencing, still lied," Judge Erasmus said during the sentencing. The Judge further noted that, “With the overwhelming evidence against the accused, I could find no mitigating circumstances for the court to deviate from the minimum prescribed sentence”.
In a packed courtroom at the White City Multipurpose Centre in Saldanha Bay, Judge Erasmus declared: "Even if I were not bound by a prescribed minimum sentence, I would still impose the harshest sentence possible. In weighing all the factors and circumstances, your actions reveal significant moral blameworthiness".
The matter began on 19 February 19, 2024 when Joshlin disappeared from her home in the Middelpos informal settlement in Saldanha Bay. Kelly Smith had claimed she left her daughter in the care of Appollis while she went to work, reporting the child missing when she returned that evening.
What followed was one of South Africa's most extensive missing person investigations, involving more than 300 police officers, including 150 detectives, specialised units, K9 teams, helicopters, drones, and even the South African Navy. The search extended internationally through Interpol, including a two-and-a-half-day search of a ship in a London port after a reported sighting.
Key testimony came from Lourencia "Renz" Lombaard, who turned state witness. She testified that Smith had confessed to selling Joshlin to a sangoma and had offered her R1,000 to keep quiet about the transaction. A local pastor also revealed that in 2023, Kelly Smith had spoken about plans to sell her three children for R20,000 each.
The conviction represents a significant legal precedent in South Africa as it was the first successful prosecution for human trafficking where the victim has not been found.
In an official government statement, Justice Minister Mmamoloko Kubayi welcomed the sentencing, calling it "a measure of justice in what has been one of the most distressing and emotionally charged cases in recent memory … Our hearts remain heavy for Joshlin and for every child who suffers harm ... No court ruling can undo the trauma or return what was lost. But today's sentence sends a strong and clear message that those who violate the innocence and trust of our children will face the full consequences of the law".
The timing of the sentencing during National Child Protection Week added significance to the ruling.
Despite the convictions and sentences, Joshlin’s father and the community are disappointed she is still a missing person without any answers as to her whereabouts.
Western Cape Police Commissioner, Lieutenant-General Thembisile Patekile, says the search for Joshlin is continuing.
Meanwhile, the defence has indicated it plans to appeal the convictions and sentences. Van Rhyn's legal representative, Advocate Nobahle Mkabayi, maintains her client's innocence.
As part of the sentencing, Judge Erasmus ordered the names of all three convicted individuals be entered into the National Child Protection Register, preventing them from having contact with children in the future.
The case has had a profound impact on the Saldanha Bay community and the nation as a whole. Joshlin would be celebrating her eighth birthday in October 2025, but her whereabouts remain unknown.
With the search for Joshlin Smith continuing, authorities are vowing not to rest until they discover what happened to her.
- by Nkateko Muloiwa
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