Joshlin Smith’s family still searches for answers after kidnappers’ appeal bids denied

Each morning before the Joshlin Smith trial, Katriena Lamberts, a Saldanha Bay grandmother, stood with a small group outside the local Multipurpose Centre, where the case was taking place, to pray for justice. They prayed that Joshlin would be found and that her kidnappers would be convicted.

Last week, the group gathered again: “A day before the leave to appeal hearing was under way, the group gathered at the same Multipurpose Centre to pray for the hearing and a positive outcome.”

Members of Joshlin’s family and others in Saldanha Bay welcomed the Western Cape High Court’s decision last week to deny Joshlin’s convicted kidnappers and human traffickers, including her mother, Racquel “Kelly” Smith, her mother’s boyfriend, Jacquen “Boeta” Appollis, and their friend, Steveno van Rhyn, leave to appeal against their convictions and life sentences.

Read more: Joshlin Smith case — Why the court found the accused guilty

Joshlin’s February 2024 disappearance, however, haunts the family and community, who still hold out hope that the full story of what happened to the then-six-year-old will be revealed.

“Why are they silent? Why don’t they speak up and say what really happened to Joshlin? We are still praying that the Lord will give us a revelation about Joshlin and what happened to her,” said Lamberts.

Joshlin’s paternal grandmother, Rita Yon, recently visited Smith at the Brandvlei Correctional Centre before the court heard the trio’s application for leave to appeal. She also visited Appollis at the same facility.

Yon, whose son, José Emke, is Joshlin’s father, believed that after the trio were convicted and sentenced, one of them might finally break their silence.

“None of them wanted to speak. If they only knew how much pain they’ve caused me, the rest of the family, and the Saldanha community…” said Yon.

Smith also has an 11-year-old son and a three-year-old daughter, who, after losing a sister, lost their mother to prison.

“Joshlin’s little sister is the spitting image of her, and looking at her just breaks my heart. I don’t know what to tell her. She misses Joshlin so much,” said Yon, her voice trembling.

Smith’s mother, Amanda Daniels-Smith, now cares for her 11-year-old grandson in the Northern Cape. She said she lives in constant fear. Even if he is five minutes late getting home from school, she says she rushes into the street to search for him.

The three-year-old is staying with Yon’s relatives, also in the Northern Cape.

Read more: The Kelly Smith story – from promising student to charged with selling her daughter

Appeals dismissed

On Wednesday, 13 August, Judge Nathan Erasmus dismissed Smith, Appollis and Van Rhyn’s application for leave to appeal against their conviction and life sentences, finding they had no reasonable prospects of success and no compelling reasons for the appeal to proceed.

They were convicted on kidnapping and human trafficking charges after, according to evidence, they plotted to sell Joshlin to a sangoma for R20,000. Police and prosecutors were unable to identify the alleged sangoma involved.

In the same judgment last week, State witness Laurentia Lombaard, originally charged alongside the trio, was granted indemnity from prosecution. Lombaard was privy to the plot, but turned on her friends. 

While her evidence included multiple contradictions and lies, Erasmus said she admitted to them and made steps to correct them. Crucially, without Lombaard’s evidence, the State would have been unable to secure the convictions of Appollis, Van Rhyn and Smith.

Dianne Adams, chair of Tabakbaai Neighbourhood Watch, said Saldanha Bay residents welcomed the ruling that kept the trio behind bars, saying the prisoners wouldn’t have been safe if they had been released.

“We are really happy because the three of them are not safe out here. If their appeal had been successful and something resulted in them being released, Kelly likely would have been killed outside, because that is the community’s feeling,” she said.

Adams cautioned Lombaard against returning to Saldanha Bay: “Laurentia should stay where she is, because her life is also in danger. Look how the people burnt down Kelly’s shack.”

Another resident from Middelpos, Lina Rossouw, echoed these sentiments.

“This was the people’s biggest fear – that Kelly, Boeta and Steveno might get out or get a light sentence. The refusal of leave to appeal should send a clear message to everyone in South Africa: those who commit crimes, especially against defenceless children, will remain in jail for long periods.”

Search for Joshlin continues

After the trio’s sentencing in May, Western Cape Police Commissioner Thembisile Patekile said Joshlin’s missing persons docket remains open, stressing that the SAPS would not rest until they uncovered the truth.

On 25 July, Western Cape police descended on Middelpos informal settlement, where Joshlin went missing, acting on new information linked to her disappearance.

“SAPS teams led by detectives with K-9 members, search and rescue teams and local police have been scouring an identified area in Saldanha Bay. Whether the ongoing search will yield any success remains to be seen. It is worth reiterating that police have an obligation to follow up and test all information that is brought to their attention,” said provincial SAPS spokesperson Novela Potelwa.

The police did not reveal what new information they had received, but another provincial spokesperson, Andre Traut, confirmed that the search for Joshlin was ongoing.

“We will share newsworthy information with the media when a breakthrough is made,” he told Daily Maverick.

Read more: ‘I believe Joshlin Smith is still alive’ – State prosecutor Zelda Swanepoel

Culprits to petition SCA

Appollis and Van Rhyn’s lawyers have said they will approach the Supreme Court of Appeal (SCA) to challenge their convictions and sentences after the high court rejected their appeal applications. Smith’s lawyer has yet to indicate her position.

The SCA sets a high bar for such appeals. Applicants must identify errors of law made by the judge in the high court case. They cannot introduce new facts.

They will probably challenge Erasmus’ decision during the trial to include their statements to police that they left Joshlin with a sangoma, referred to as “Makalima”. The high court held a trial-within-a-trial to determine whether their statements could be included, with Erasmus ultimately deciding that they could, despite Appollis and Van Rhyn claiming they were coerced through torture. 

While Smith, Appollis and Van Rhyn argued in their applications for leave to appeal that another court might come to a different conclusion, the NPA dismissed their arguments and welcomed Erasmus’ ruling.

“The State successfully countered these points, arguing that no compelling reasons were provided by the applicants in their application and that there were no reasonable prospects of success in their application,” said NPA Western Cape spokesperson Eric Ntabazalila.

“It further argued that no other court could come to a different conclusion for both the conviction and the sentence. The court agreed with the State’s arguments and denied them the application for leave to appeal.”

Ntabazalila said the NPA had not been formally notified whether any of the trio would approach the SCA.

“Once we are, we will take a decision – and that will be to go to the SCA and oppose the appeal,” he said. DM