Joshlin Smith's disappearance exposes the vulnerability of South African children

JUDGE Nathan Erasmus delivered his judgment in the Joshlin Smith trial on Friday at the White City Multipurpose Centre in Diazville, Saldanha Bay.

Joshlin's disappearance gripped the attention of the nation and those who attended proceedings on the day were boisterous in receiving Erasmus' ruling, even though authorities were yet to find the child. 

The three accused in the matter that was under the jurisdiction of the Western Cape High Court, were convicted on the kidnapping and human trafficking related charges they faced.

"Count one — you are guilty of the charge of trafficking in persons. Count two — you are guilty of kidnapping," said Judge Erasmus

The accused were Joshlin's mother, Racquel 'Kelly' Smith, who turned 33 yesterday (May 1), her boyfriend Jacquen 'Boeta' Appollis (31) and their 27-year-old friend Steveno 'Steffie' van Rhyn.

Later that afternoon, the home that Joshlin lived in was set alight.

Lieutenant colonel Malcolm Pojie, a SAPS spokesperson said that the house in Middelpos, Saldanha, was torched on Friday.

"We can confirm that Saldanha SAPS registered an arson case for investigation after Kelly Smith's Middelpos dwelling was destroyed by a fire. An adult female had been taken in for questioning," said Pojie.

Joshlin was reported missing on February 19, 2024 from her Middelpos home and was said to have been in the care of Appollis at the time.

She was 6-years-old at the time of her kidnapping.

Judge Erasmus was satisfied that the State, led by prosecutor Advocate Zelda Swanepoel, had proven their case, and when he delivered the guilty verdict for all three accused, it drew a loud round of applause and roars of approval from those in the gallery.

He took time while delivering his judgment to appreciate community members, especially those who prayed daily at the venue over the court proceedings.

Erasmus also acknowledged the authorities who supported the lawful change of venue for the trial in a matter with serious allegations and deep community involvement.

The judge reminded the court of the central charge, and said: “The case relates to the events that occurred between February 18 and 19, 2024, in Middelpos. Joshlin, who was six years old at the time and born on October 23, 2017, is believed to have been trafficked. The charges are brought under Section 4 of the Prevention and Combating of Trafficking in Persons Act.”

While the the verdict was largely well-received by Joshlin's family and community members, they regarded it as a hollow victory.

Joshlin's paternal grandmother Rita Yon said in a TV interview that she was "satisfied with Judge Erasmus' judgement", but felt that Kelly needed to "come clean" about the child's whereabouts.

"I feel good about the verdict but Joshlin is missing. Kelly has not told us where Joshlin is, she must tell us where the child is.

"That is heartbreaking for me," said Yon.

Many Saldanha residents agreed that a measure of justice has been served, and that the matter drew further attention to how unsafe women and children were in South Africa.

Western Cape Police Commissioner Thembisile Patekile said in a media interview afterwards that the Joshlin Smith case was not yet closed.

"I'm happy with the judgment. We knew that our investigating and presiding team put up a case and it was up to the judge to make a determination."

However, Patekile said the grim reality was that Joshlin was not yet found, the SAPS' net was cast far and wide and they appealed to everyone who could, to assist.

"Our net has been cast worldwide. On one occasion we stopped a vessel in Great Britain to search it for three days, but nothing came of it.

"We are hoping that we will get closure."

About allegations that the child was sold to a sangoma, Patekile reiterated that the case was not closed and they hoped that Kelly Smith would have taken the stand during the trial so that they could hear the "who, where and what, where is Joshlin now".

"Unfortunately, we did not get that opportunity. She chose to exercise her right to remain silent. But we will continue. She is in prison and in our custody, so we will continue to investigate," Patekile promised.

The Western Cape's Director of Public Prosecutions, advocate Nicolette Bell, lauded the work done by the prosecution and investigation teams.

“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.

"I want to appeal to them that our responsibility is not over as long as Joshlin Smith remains missing," said Bell.

Celeste Louw from Tears Foundation, an organisation that provides access to free crisis intervention, advocacy, counselling and prevention education services for those impacted by domestic violence and sexual abuse, said Joshlin's matter served as the identity for all other children that were being let down and trafficked. 

"It shows how vulnerable all our children are and poverty is a driver in this case. What are we doing about this," asked Louw.

Additional reporting, Mandilakhe Tshwete

DAILY NEWS