Kelly Smith, the mother of Joslin Smith.
Sentencing proceedings in the Joslin Smith trial are underway in the Western Cape High Court, with the state calling for life imprisonment for the three accused in the disappearance of the child.
On 19 February 2024, then six-year-old Joslin disappeared from her home in the Middelpos informal settlement in Saldanha Bay. Her mother, Kelly Smith, reported the child missing that evening, claiming she had left Joslin in the care of her partner, Jacquin “Boeta” Appollis.
On 2 May, the Western Cape High Court found Smith, Appollis, and their friend, Steveno van Rhyn, guilty of kidnapping and human trafficking. Judge Nathan Erasmus concluded that the trio had deliberately exchanged Joslin for money, depriving her of her liberty, in a calculated act of exploitation.
The state is seeking a life sentence under section 51(1) of the Criminal Law Amendment Act 105 of 1977, based on the primary charge of human trafficking.
Human trafficking expert Dr Marcel van der Watt was called in as the state’s first witness on Tuesday to provide the court with an expert report on trafficking of persons and to assist the court in coming to an appropriate sentence.
Testifying in court via Zoom from the US, Van der Watt read out a 28-page report in which he called for the state to prioritise the safety and dignity of victims and people at risk.
“The paradox of a family as both a safe haven and a site of harm is fundamental in understanding violence against children,” he said.
“The reach of trafficking of persons is amplified by organised crime and international syndicates who originate from regions including Africa, Asia, and Europe [and] exploit South Africa’s poorest born — children are especially at risk,” he said.
Towards the end of his report, Van der Watt shared his expert opinion on Joslin’s disappearance, which he called a “calculated crime by the accused”.
“This case demonstrates clear evidence of planning and premeditation. Accused number 3 [Smith] had devised a plan to sell Joslin as early as August 2023, which indicates significant forethought and intent as the accused had ample time to reconsider and deliberate on the nature of the actions and the consequences for Joslin,” he said.
“This was not a spontaneous act but a calculated crime. The evidence also strongly suggests no other alternative but that Joslin was sold for the purpose of exploitation.”
During cross-examination, Van Rhyn’s attorney, Nobahle Mkabayi, questioned whether Van der Watt had been compensated for his report.
Van der Watt responded: “Not that I know of — there was a mention of a possibility but, no, I have no intention to request money for this testimony.”
Central to the prosecution’s case was the testimony of Lourentia Lombaard, initially the fourth co-accused, who turned state witness.
Lombaard admitted to withholding information from authorities, attributing her silence to fear, drug use and a promised payment of R1 000 from Smith for her silence.
She revealed that Smith allegedly sold Joslin to a sangoma for R20 000, with the child being handed over on 19 February 2024.
While Smith, Appollis and Van Rhyn are awaiting their sentences, Judge Erasmus ordered a separate trial for Lombaard to determine whether she should be granted indemnity by the state or not.
“Based on her evidence, I need to hear arguments before I make a ruling. Arguments will be presented by her legal representation,” Erusmus told the court last week.
Throughout the trial, the defence challenged the admissibility of confessions from Appollis and Van Rhyn, alleging they were obtained under duress. However, medical examinations and testimony from senior police officers refuted claims of torture, and the court admitted the confessions into evidence.
Erasmus criticised Smith for her lack of emotion and failure to testify, suggesting her demeanour indicated awareness of Joslin’s fate.
Sentencing proceedings in the trial will continue on Wednesday, with the judgment expected to be handed down to the three accused on Thursday 29 May.
Thursday’s judgment will conclude the trial, which commenced on 3 March 2024 at the Western Cape High Court, held at the Multipurpose Centre in Saldanha Bay.