Joshlin Smith kidnappers sentenced

The Western Cape High Court sentenced the trio found guilty of the kidnapping and human trafficking of missing Joshlin Smith, on Thursday.

Judge Nathan Erasmus handed down life sentences to Joshlin Smith's mother and her accomplices, Jacquen Appolis and Steveno van Ryhn, in a packed White City Multipurpose Centre in Saldanha Bay.

Judge Erasmus also sentenced the trio to 10 years for kidnapping.

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The child has been sold but has still not been found.

The State argued that even if the court had sympathy, especially for Smith, there was nothing that compelled it to deviate from the prescribed minimum sentence, and life imprisonment was the only appropriate sentence.

"On the human trafficking charge, you're sentenced to life imprisonment. On the kidnapping charge, you're sentenced to 10 years imprisonment, because I've imposed life imprisonment, there's no need for me to rule on the concurrency of the sentences, because by operation of law, it will be served concurrently,’’ said Judge Erasmus.

Judge Erasmus ordered the names of the accused to be entered into the National Child Protection Register, which will prohibit them from ever working with children. The court further ordered the Minister of Social Development to report to the Office of the Chief Justice on progress made to ensure the department adheres to the court order.

Appollis, Van Rhyn and Smith were convicted following an eight-week-long trial and two days of evidence and arguments in mitigation and aggravation of sentence.

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During the trial, the State argued that the three accused were part of an elaborate plan to sell Joshlin and that they sold her for their benefit. Van Rhyn was promised R1 200, and State witness Laurentia Lombaard was to receive R1 000, and the rest of the money would be shared between Appollis and Smith. Lombaard and Van Rhyn were to be paid for their silence, as they all agreed that Kelly was the one who would report her daughter as missing. Joshlin was sold, delivered to the intended buyer, and the purpose of her being sold was for the purpose of exploitation, namely for slavery or practices similar to slavery.

Western Cape Director of Public Prosecutions, Adv. Nicolette Bell endorsed the prosecution team’s call for the courts to reconsider adding the impact of the crime on the victim and those surrounding the victim. She argued that at present, courts consider the crime that has been committed, the personal circumstances of the accused and the interests of society. ‘’Cases like this call for new considerations, and this case sends a strong message that the rights of children are of paramount importance, especially as the country is commemorating Child Protection Week. We hope that these sentences will serve as a deterrent to other perpetrators and instil a sense of hope and public confidence. ,’’ said Eric Ntabazalila, NPA spokesperson in the Western Cape.

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Western Cape police welcomed the sentencing.

‘’This case has deeply affected many South Africans. Throughout this difficult and emotional journey, the SAPS team displayed unwavering commitment, professionalism, and a steadfast pursuit of justice. Their meticulous investigative work not only brought accountability to those responsible but also reaffirmed the principles of justice and the rule of law in our society,’’ said Colonel Andrè Traut, Western Cape police spokesperson.

‘’While no sentence can erase the pain caused by the heart-breaking disappearance of young Joshlin, this outcome offers a measure of closure and sends a powerful message: crimes against our most vulnerable citizens will not go unpunished. Importantly, the search for Joshlin has not been called off, and SAPS remains fully committed to exploring every possible lead in the pursuit of real closure in this tragic matter,’’ he added.

Done by: Mitchum George