Sentencing proceedings began yesterday in the Joshlin Smith case, with the State pushing for life imprisonment for the three convicted.
Joshlin’s mother, Racquel “Kelly” Smith, along with Jacquen Appollis and their friend Steveno van Rhyn, were found guilty of kidnapping and human trafficking.
In case you forgot, six-year-old Joshlin went missing on 19 February 2024 from her home in the Middelpos informal settlement in Saldanha Bay, Western Cape. At the time, she was in the care of her mother’s boyfriend, Appollis.
We have covered this case at various stages, from the search for Joshlin to the recent guilty verdict in the trial earlier this month. We’ve even questioned why the speed of this case is an outlier in South Africa’s justice system.
Now let’s get into the possible final stage: what will be the sentences of the convicted?
The State argues premeditation
The prosecution wants all three to get life in prison under Section 51(1) of the Criminal Law Amendment Act. That’s the section used for serious crimes like premeditated murder and human trafficking — and it makes life sentences mandatory unless the judge sees a good reason not to.
Their reasoning? Premeditation. The State says the accused planned this from as far back as August 2023 and have shown no remorse. Both Appollis and Van Rhyn initially denied involvement in statements that were later ruled admissible despite being challenged by the defence.
The State is also expected to argue that this case is of significant public interest. It captured national attention and marked the country’s first sentencing involving the selling of a child where the body has not been found.
Sentencing Day One
To support their push for harsh sentencing, the State brought in human trafficking expert Dr Marcel van der Watt. He testified via Zoom from the US, where he now heads the National Centre on Sexual Exploitation.
Dr van der Watt presented a report with expert insights to help the court determine an appropriate sentence. He explained that the crime was premeditated, planned as early as August 2023, and highlighted the rising number of human trafficking cases in South Africa. He also pointed out that the justice system struggles to keep up and respond effectively.
During cross-examination, Van Rhyn’s lawyer, Nobahle Mkabayi, questioned Van der Watt, confirming that he was not being paid for his testimony.
Sentencing Day Two
Today was an emotionally taxing day in court. The defence made their arguments, and victim impact statements were heard.
Deonett Boltney, the court preparation officer, delivered heartfelt messages, including one from Cecilia Oliver, a Saldanha resident who said she was left physically and emotionally exhausted after actively helping in the search for Joshlin.
Joshlin’s Grade 1 best friend had her words read out: “Me and the other friends miss you so much. We pray that you are safe and that you will return to us safely soon.”
Others from her school gave statements as well, including Joshlin’s Grade 1 teacher, Edna Maart, who shared messages from her classmates and spoke about how deeply her disappearance has affected them. The court also listened to a poem by Joshlin’s 14-year-old friend, Taylor Andrews.
In a written statement, Kelly’s mother, Daniels, said her daughter had made their lives unbearable, asking: “How do you sleep, how do you live with yourself?”
Court proceedings had to be briefly paused after Kelly Smith began sobbing loudly when a short video of Joshlin was shown.
On the defence side of things, lawyers presented their final arguments aimed at reducing the sentences of the accused. Defence lawyer Fanie Harmse, representing Appollis, argued the court should take his client’s background into account. He stated that his client came from a stable family and had only two minor previous convictions, for robbery and for breaching the Marine Resource Act.
Mkabayi, who represents Van Rhyn, told the court her client is open to rehabilitation. Rinesh Sivnarain, representing Kelly, also appealed to the court to take her client’s background into consideration during sentencing.
What’s still to come on day three
Judge Erasmus says new evidence could still emerge — though none has yet.
Once sentencing is done, there’ll be a separate hearing on Lourentia Lombaard. She was originally accused but later became a key witness for the State, revealing details about the plan to traffic Joshlin. Her testimony was inconsistent, but parts of it were backed up by evangelist Steven Coetzee, who told the court that Joshlin’s mother spoke to him about selling her children.
The judge is expected to deliver sentences tomorrow. We’ll keep you posted.
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.
