When six-year-old Joshlin Smith disappeared from her home in Saldanha Bay earlier last year, the case gripped the nation. Within days, her mother and two others were arrested. Within a year, they were on trial, and within weeks, a verdict was delivered — an unusually swift move for a country where justice is often painfully slow.
Compare that to other major cases: the years-long Senzo Meyiwa murder trial, the state capture prosecutions still crawling through the courts, or the recent acquittal of televangelist Timothy Omotoso, despite harrowing allegations of rape and trafficking. It begs the question: what made the Joshlin case different?
Was it public pressure? A strong paper trail? Or does economic status, even poverty, influence how fast justice is served in South Africa?
Jeanne Bodenstein, head of the Rape Survivors Justice Campaign at Rape Crisis Cape Town Trust, advocates for systemic justice reform for survivors of gender-based violence, including those affected by trafficking and exploitation. She spoke to explain about South Africa’s justice system and says the speed in Joshlin’s case was an outlier.
Let’s break it down.
What happened in the Joshlin case?
As we’ve told you previously, Joshlin Smith was a then-six-year-old girl who disappeared from outside her home in Saldanha Bay, near Cape Town, on 19 February 2024. She was left in the care of her mother’s boyfriend, Jacquin Appollis.
Joslin’s mother, Kelly Smith, said the following about her missing daughter: “My motherly instincts are telling me my daughter is still alive and in this area. We will find her, I will walk on foot to find her. I will look in every little shack, I’m going to do it by myself if I have to.”
Smith, Appollis, and their friend Steveno van Rhyn were arrested 14 days after Joshlin’s disappearance. After a speedy eight-week trial, they were convicted of Trafficking in Persons for the purpose of exploitation and kidnapping on 2 May. They’re due to be sentenced on 29 May.
According to the South African Human Rights Commission, the offence involves the recruitment, transportation, transfer, harbouring, selling, exchange, lease or receipt of another person within or across the borders of the Republic under false pretences and for exploitation purposes. The 2023 Global Slavery Index estimates that approximately 158,000 people live in modern slavery in South Africa, with victims mainly being women and children.
Given how widespread this issue is in the country, public outcry was large when Joshlin went missing. Did the many eyes on this case prompt the National Prosecuting Authority to move this case to the front of the line?
Bodenstein theorises so: “There is a big realisation within the prosecuting authority and the justice system that they need to get this right. So they will make sure everything is very quick, that we have all our ducks in a row.”
But this is the exception, not the rule.
Why are other cases so slow?
The South African Constitution guarantees the right to a fair trial, which includes the right to have the trial begin and conclude without unreasonable delay. But sometimes delays happen.
Litigation is a complex process, contingent on many factors. Their durations are not fixed, but civil and criminal cases seen in the High Court, like Joshlin’s, typically take between two and five years. The timeframe from Joshlin’s disappearance to the accused being handed a verdict was 15 months.
For reference, here are other high-profile cases that have been dragged out:
- The murder of Senzo Meyiwa
The trial of five men accused of killing former Bafana Bafana and Orlando Pirates star goalkeeper Senzo Meyiwa was postponed yet again last month. The athlete was shot and killed in a home invasion on 26 October 2014, making it more than ten years later with no conviction.
- Nigerian televangelist Timothy Omotoso acquitted of rape charges
Omotoso, head of the Jesus Dominion International church, was arrested in April 2017 and accused of grooming and abusing girls, some as young as 14, by luring them to locations in South Africa, Nigeria and Israel. Last month, after nearly eight years behind bars, he was acquitted by the Gqeberha High Court, meaning the state failed to prove guilt.
- Zuma, the Guptas and the Zondo Commission
The most scandalised moments of corruption in democratic South Africa came during the Zuma administration. State capture, the buzzword that gets all South Africans riled up, was investigated by the Zondo Commission for four years from 2018-2022. The Commission ultimately found that state capture did indeed take place in South Africa “on an extensive scale”. Their recommendations on the way forward? That certain individuals be prosecuted or that certain contracts be reviewed. Brian Molefe, Vincent Smith, and Linda Mti are all high-profile names charged with corruption following the Commission’s findings. All of their cases are still ongoing three years on.
Justice on paper, delays in reality
Bodenstein says the speedy handling of Joshlin’s case is not reflective of how most people, especially poor South Africans, experience the courts.
“Most matters, like rape and murder, are heard in regional courts. These courts are inundated, understaffed, and under-resourced. That means delays, lost dockets, and high attrition. That’s the justice reality most South Africans face.”
She adds that although interventions like sexual offences courts and Thuthuzela Care Centres help reduce barriers for survivors, they still operate within an overburdened system.
This systemic inefficiency is not merely anecdotal. South Africa’s judiciary is grappling with significant backlogs, with only 250 judges serving the entire nation. This shortage has led to court dates being scheduled as far ahead as 2031, effectively denying timely justice to many.
The impact is particularly severe on the poor, who often rely on Legal Aid South Africa for representation. However, budget cuts of R718 million over the MTEF period 2024/25 – 2026/27 have strained this resource, limiting its capacity to assist those in need.
Moreover, the high cost of litigation remains a formidable barrier. Deputy Judge President Phineas Mojapelo highlighted that the expense of legal proceedings often deprives the poor of access to justice, despite the existence of organisations like Legal Aid South Africa and ProBono.Org.
These challenges underscore a stark reality: while the Constitution guarantees the right to a fair trial, systemic inefficiencies and resource constraints mean that, for many South Africans, justice remains elusive.
So, where do we go from here?
Bodenstein believes the answer lies in specialised infrastructure, better resourcing, and survivor-centred processes.
“One of the ways in which there are attempts to make the system more accessible and more fair… is through specialised courts like the sexual offences courts,” she says. “These courts have trained personnel and the infrastructure to support both the survivor and the legal process.”
Essentially, systemic reform needs to happen.
Sithuthukile Mkhize and Mazi Choshane from the Civil and Political Justice programme at the Centre for Applied Legal Studies at Wits University suggest a multipronged approach to address the backlog of cases. This includes increased judicial appointments, improved case management and greater accountability for unnecessary delays.
The general sentiment in the legal world calls for higher levels of transparency, proposed time limits to trials, consequences for judges who deliver late judgments, and urgently addressing staffing concerns.
The bottom line? Joshlin Smith’s case showed us what the justice system can look like when everything works: coordinated, fast, and responsive. But for most South Africans, especially the poor and low public interest cases, that’s not the norm. Delays, resource constraints, and systemic inequities remain the defining features of too many trials.
Reform means treating justice not as a privilege of the loudest or wealthiest but as a right owed equally to all. Until then, swift trials like Joshlin’s will remain the exception, not the rule.
Kajal holds an MA in Journalism, Media, and Globalisation from the Ludwig Maximillian University of Munich. She has previous experience in African-focused humanitarian media and transnational newsrooms. The enduring power of words in shaping the narrative of tomorrow remains the foundation upon which she builds her career.
Lona is a recent graduate with an Honours degree in Journalism and Media Studies from Wits University. Passionate about storytelling, she is eager to learn, grow, and hone her writing skills.
The Joshlin trial moved fast. Why do other cases take forever?
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When six-year-old Joshlin Smith disappeared from her home in Saldanha Bay earlier last year, the case gripped the nation. Within days, her mother and two others were arrested. Within a year, they were on trial, and within weeks, a verdict was delivered — an unusually swift move for a country where justice is often painfully slow.
Compare that to other major cases: the years-long Senzo Meyiwa murder trial, the state capture prosecutions still crawling through the courts, or the recent acquittal of televangelist Timothy Omotoso, despite harrowing allegations of rape and trafficking. It begs the question: what made the Joshlin case different?
Was it public pressure? A strong paper trail? Or does economic status, even poverty, influence how fast justice is served in South Africa?
Jeanne Bodenstein, head of the Rape Survivors Justice Campaign at Rape Crisis Cape Town Trust, advocates for systemic justice reform for survivors of gender-based violence, including those affected by trafficking and exploitation. She spoke to explain about South Africa’s justice system and says the speed in Joshlin’s case was an outlier.
Let’s break it down.
What happened in the Joshlin case?
As we’ve told you previously, Joshlin Smith was a then-six-year-old girl who disappeared from outside her home in Saldanha Bay, near Cape Town, on 19 February 2024. She was left in the care of her mother’s boyfriend, Jacquin Appollis.
Joslin’s mother, Kelly Smith, said the following about her missing daughter: “My motherly instincts are telling me my daughter is still alive and in this area. We will find her, I will walk on foot to find her. I will look in every little shack, I’m going to do it by myself if I have to.”
Smith, Appollis, and their friend Steveno van Rhyn were arrested 14 days after Joshlin’s disappearance. After a speedy eight-week trial, they were convicted of Trafficking in Persons for the purpose of exploitation and kidnapping on 2 May. They’re due to be sentenced on 29 May.
According to the South African Human Rights Commission, the offence involves the recruitment, transportation, transfer, harbouring, selling, exchange, lease or receipt of another person within or across the borders of the Republic under false pretences and for exploitation purposes. The 2023 Global Slavery Index estimates that approximately 158,000 people live in modern slavery in South Africa, with victims mainly being women and children.
Given how widespread this issue is in the country, public outcry was large when Joshlin went missing. Did the many eyes on this case prompt the National Prosecuting Authority to move this case to the front of the line?
Bodenstein theorises so: “There is a big realisation within the prosecuting authority and the justice system that they need to get this right. So they will make sure everything is very quick, that we have all our ducks in a row.”
But this is the exception, not the rule.
Why are other cases so slow?
The South African Constitution guarantees the right to a fair trial, which includes the right to have the trial begin and conclude without unreasonable delay. But sometimes delays happen.
Litigation is a complex process, contingent on many factors. Their durations are not fixed, but civil and criminal cases seen in the High Court, like Joshlin’s, typically take between two and five years. The timeframe from Joshlin’s disappearance to the accused being handed a verdict was 15 months.
For reference, here are other high-profile cases that have been dragged out:
The trial of five men accused of killing former Bafana Bafana and Orlando Pirates star goalkeeper Senzo Meyiwa was postponed yet again last month. The athlete was shot and killed in a home invasion on 26 October 2014, making it more than ten years later with no conviction.
Omotoso, head of the Jesus Dominion International church, was arrested in April 2017 and accused of grooming and abusing girls, some as young as 14, by luring them to locations in South Africa, Nigeria and Israel. Last month, after nearly eight years behind bars, he was acquitted by the Gqeberha High Court, meaning the state failed to prove guilt.
The most scandalised moments of corruption in democratic South Africa came during the Zuma administration. State capture, the buzzword that gets all South Africans riled up, was investigated by the Zondo Commission for four years from 2018-2022. The Commission ultimately found that state capture did indeed take place in South Africa “on an extensive scale”. Their recommendations on the way forward? That certain individuals be prosecuted or that certain contracts be reviewed. Brian Molefe, Vincent Smith, and Linda Mti are all high-profile names charged with corruption following the Commission’s findings. All of their cases are still ongoing three years on.
Justice on paper, delays in reality
Bodenstein says the speedy handling of Joshlin’s case is not reflective of how most people, especially poor South Africans, experience the courts.
“Most matters, like rape and murder, are heard in regional courts. These courts are inundated, understaffed, and under-resourced. That means delays, lost dockets, and high attrition. That’s the justice reality most South Africans face.”
She adds that although interventions like sexual offences courts and Thuthuzela Care Centres help reduce barriers for survivors, they still operate within an overburdened system.
This systemic inefficiency is not merely anecdotal. South Africa’s judiciary is grappling with significant backlogs, with only 250 judges serving the entire nation. This shortage has led to court dates being scheduled as far ahead as 2031, effectively denying timely justice to many.
The impact is particularly severe on the poor, who often rely on Legal Aid South Africa for representation. However, budget cuts of R718 million over the MTEF period 2024/25 – 2026/27 have strained this resource, limiting its capacity to assist those in need.
Moreover, the high cost of litigation remains a formidable barrier. Deputy Judge President Phineas Mojapelo highlighted that the expense of legal proceedings often deprives the poor of access to justice, despite the existence of organisations like Legal Aid South Africa and ProBono.Org.
These challenges underscore a stark reality: while the Constitution guarantees the right to a fair trial, systemic inefficiencies and resource constraints mean that, for many South Africans, justice remains elusive.
So, where do we go from here?
Bodenstein believes the answer lies in specialised infrastructure, better resourcing, and survivor-centred processes.
“One of the ways in which there are attempts to make the system more accessible and more fair… is through specialised courts like the sexual offences courts,” she says. “These courts have trained personnel and the infrastructure to support both the survivor and the legal process.”
Essentially, systemic reform needs to happen.
Sithuthukile Mkhize and Mazi Choshane from the Civil and Political Justice programme at the Centre for Applied Legal Studies at Wits University suggest a multipronged approach to address the backlog of cases. This includes increased judicial appointments, improved case management and greater accountability for unnecessary delays.
The general sentiment in the legal world calls for higher levels of transparency, proposed time limits to trials, consequences for judges who deliver late judgments, and urgently addressing staffing concerns.
The bottom line? Joshlin Smith’s case showed us what the justice system can look like when everything works: coordinated, fast, and responsive. But for most South Africans, especially the poor and low public interest cases, that’s not the norm. Delays, resource constraints, and systemic inequities remain the defining features of too many trials.
Reform means treating justice not as a privilege of the loudest or wealthiest but as a right owed equally to all. Until then, swift trials like Joshlin’s will remain the exception, not the rule.
Kajal Premnath
Kajal holds an MA in Journalism, Media, and Globalisation from the Ludwig Maximillian University of Munich. She has previous experience in African-focused humanitarian media and transnational newsrooms. The enduring power of words in shaping the narrative of tomorrow remains the foundation upon which she builds her career.
Lona Sokanyile
Lona is a recent graduate with an Honours degree in Journalism and Media Studies from Wits University. Passionate about storytelling, she is eager to learn, grow, and hone her writing skills.
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