The Western Cape High Court, convened in Vredenburg, delivered its final judgment in the trial of Kelly Smith, Jacquen Appollis, and Steveno van Rhyn on Friday.
Joshlin Smith trial today: Here’s a breakdown of what happened
Judge Nathan Erasmus imposed life sentences on all three for human trafficking, alongside an additional ten years each for kidnapping. These sentences follow convictions related to the disappearance of six-year-old Joshlin Smith.
Judge Erasmus opened proceedings by acknowledging the emotional toll the case had on the Diazville community and highlighted the societal conditions — including drug abuse and poverty — that framed the backdrop of this crime.
He criticised the systemic failures in supporting individuals like Kelly Smith, stating, “We failed,” referencing past calls for help made by her family that went unheeded.
In sentencing, Erasmus made it clear that the court’s duty is to protect the vulnerable and restore dignity, a core principle of the PACO TIP Act under which the accused were convicted.
He said sentencing must also consider retribution and deterrence, particularly in crimes that strike at the moral fabric of society.
The judge noted that none of the accused showed genuine remorse. Jacquen Appollis was criticised for manipulating the truth up to sentencing and showing no concern for Joshlin’s fate.
Van Rhyn, described by a social worker as a “menace to society,” had a record of violent crime and showed a callous disregard for his actions.
Kelly Smith, Joshlin’s mother, was described as manipulative, with Erasmus referencing her mother’s victim impact statement to highlight her lack of accountability.
In discussing the human trafficking charge, Erasmus recounted how Kelly Smith expressed a desire to remove her daughter from her life, leading to the child being sold for R20,000.
The judge condemned the betrayal by all involved, stating:
“Joshlin was a child of the community.”
Erasmus also stressed the trauma inflicted on the Diazville community, referencing victim impact statements that painted a picture of a community torn apart by the crime.
Despite the gravity of the case, Erasmus declined to focus solely on the harshness of the sentence, instead striving for a balanced judgment. However, he concluded that life imprisonment was warranted given the seriousness and moral reprehensibility of the crime.
Before concluding, the judge ordered the names of all three convicted individuals to be added to the National Child Protection Register.
Here’s what happens next
With sentencing concluded, the three accused will now serve life terms.
No decision was made on whether these sentences will run concurrently or if parole eligibility will be considered, as life imprisonment typically supersedes such procedural questions.
The court’s proceedings have now shifted focus toward ensuring administrative compliance with the PACO TIP Act.
Judge Erasmus urged government agencies to fulfill their roles more robustly to better protect vulnerable individuals in the future.
