The State has called for life imprisonment for the three individuals convicted of kidnapping and trafficking the missing Saldanha Bay child, Joshlin Smith.
State Advocate Zelda Swanepoel urged the Western Cape High Court to impose the prescribed minimum sentence of life imprisonment for the human trafficking conviction. While she left sentencing on the kidnapping charge to the discretion of the court, she emphasised the severity of the crime.
“We use today’s evidence to be the voice of Joshlin,” said Swanepoel.
The convicted individuals, Jacquen ‘Boeta’ Appollis, Steveno van Rhyn, and Kelly Smith, were found guilty on 2 May 2025 and are expected to be sentenced on Thursday.
Courtroom Emotions Run High
Despite entering the courtroom with apparent confidence, the trio’s composure shifted as Swanepoel firmly argued they are not wanted in society.
She rejected the defence’s argument that the absence of Joshlin’s testimony was a mitigating factor, stating:
“That is an aggravating factor. We do not know if she is alive. We hope she is.”
Impact Beyond One Family
Swanepoel stressed that the trauma of Joshlin’s disappearance has rippled far beyond her immediate family.
“This case has affected the community of Saldanha Bay and even drawn international concern.”
Judge Nathan Erasmus echoed her sentiments, referencing a victim impact statement by Amanda Smith Daniels, the mother of the accused, Kelly Smith. She admitted to now living in fear every time her grandson is late for school.
“Will Saldanha ever be the same after this case?” Erasmus asked.
Probation Officer Commended
Swanepoel praised Probation Officer Errol Daniel Pietersen for his passionate and meticulous work, calling him the most dedicated social worker she’s encountered in her 30-year legal career.
She also reminded the court of the circumstances surrounding the day Joshlin was reported missing – 19 February 2024 – when Appollis was in a parental role, deepening the betrayal.
Van Rhyn was described as a “menace to society,” while Swanepoel questioned the sincerity of Kelly Smith’s courtroom tears.
“Respectfully, it’s a little too late,” she submitted.
Sentencing to Be Handed Down
The court is expected to announce sentencing on Thursday, marking a crucial moment in a case that has shaken the nation and sparked widespread calls for justice for Joshlin.
robin.francke@iol.co.za
IOL News
