WESTERN CAPE - The High Court of South Africa: Western Cape Division today convicted Jacquen Rowhan Appollis, Steveno Dumaizio van Rhyn and Racquel Chantel Smith for Trafficking in Persons for the purpose of exploitation and kidnapping of Joshlin Smith. The Court found that 6-year-old, Joshlin Smith, was sold for slavery or practices similar to slavery, following an agreement reached amongst the accused.
The NPA prosecution team was led by Deputy Director of Public Prosecutions in the Western Cape, Adv Zelda Swanepoel and assisted by Senior State Adv Aradhana Heeramun. The two seasoned prosecutors argued that this is a test case of utmost jurisprudential importance; as the case is the first prosecution where the victim, in this case a child, has been sold and has still not been found. In three other unreported decisions, the victims were found unharmed. The prosecution called 32 witnesses during the eight-week marathon trial.
The prosecutors argued that the three accused, including the victim’s mother Racquel Chantel Smith, also known as Kelly, devised a plan to sell Joshlin for their own benefit. Van Rhyn was promised R1 200 and 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, they further argued that the child was sold and delivered to the intended buyer, for the purpose of exploitation for slavery or practices like slavery.
The prosecutors submitted detailed Heads of Argument, referring to 12 legal authorities, an electronic power point presentation that included a timeline of all the evidence, and a mind map indicating all the corroborative evidence for the section 204 witness. They made strong and compelling arguments in support of a conviction,
Judge Nathan Erasmus agreed with the State’s arguments and ruled that the State proved its case beyond reasonable doubt against all accused.
Western Cape Director of Public Prosecutions, Adv Nicolette Bell, applauded the collaborative work of the prosecution and investigation team which led to the successful prosecution of the accused. “This case saw the largest number of resources put together from the police, the City of Cape Town, the Navy and the community of Saldanha in the search for Joshlin Smith. The National Prosecuting Authority salutes those who were involved in these efforts and I want to appeal to them that our responsibility is not over as long as Joshlin Smith remains missing”, she said. The matter is postponed provisionally to the 9th of May 2025 in Cape Town High Court. Thereafter the sentencing proceedings will follow at Saldanha Bay.
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