Latest news with #Joshlin
The Star
a day ago
- The Star
Insights from the Joshlin Smith case: A prosecutor's perspective on human trafficking
Robin-Lee Francke | Updated 6 hours ago Nearly a month after three people were sentenced for trafficking Joshlin Smith from Saldanha, the case remains a hot topic. While questions still surround the whereabouts of the green-eyed girl who captured the hearts of the nation, the State Prosecutor during the trial, Advocate Zelda Swanepoel, spoke about her perspective on the case. On May 29, Jacquen 'Boeta' Appollis, Steveno van Rhyn and Kelly Smith were sentenced to life imprisonment plus 10 years for trafficking in persons and kidnapping. Speaking on Thursday, Swanepoel said the moment she heard about the Joshlin case, she knew this was going to be difficult, as we (South Africa) had no precedent for a case of this kind. Limited evidence, a deluge of rumours, the ongoing investigation, criticism against the section 204 (State witness - former accused Laurenia Lombaard) witness, the need for corroboration, the reality that many witnesses suffer from drug addiction, and more were the challenges she knew they would face during the trial. 'We knew from the start. We were aware of conflicting versions. We foresaw this,' she said. The strategy was to rely on their most important witness, Lombaard, as well as Steven Coetzee. He testified that Kelly expressed she would be selling her children and how, by the next year (2024), Saldanha would look like a Netflix movie with cars, police, etc, alluding to how the area looked after Joshlin was reported missing on February 19, 2024. The State told the story from the beginning, from when two officers responded to the call of a missing child and presented their evidence in chronological order. 'We set the scene to prove that Joshlin was indeed missing,' Swanepoel said. 'Although we had to be innovative and adjust our strategy, we stuck to the initial plan for most of the trial. I usually draw up an action plan for a trial." She also expressed her disappointment that the convicted traffickers, especially Kelly, did not testify during the trial. She said in South Africa, there is no offence called human trafficking, and they realised there were gaps, but then decided to take this matter on trafficking in persons, whereby the person becomes the commodity, objectifying the person for the person for exploitation. This would fall within the Prevention and Combating of Trafficking in Persons Act (PACOTIP). Swanepoel said the most challenging matter in this case was the media presence. 'I felt like I was under a microscope all the time. My facial expressions, everything was out there,' she explained. She also explained that getting witnesses ready, knowing there was so much media attention. Witnesses also had nowhere to hide as everyone would be watching as they delivered their evidence. 'This case was extremely difficult and emotionally draining. We went on a rollercoaster ride of emotions all the time. It was extremely exhausting; we also had to drive in every day from Cape Town to Saldanha, bringing the law to the people. We were constantly working. Adapting to the trial plan. Behind the scenes, I was transcribing, which is tiring, documents had to be translated,' Swanepoel said. She said they also had to adjust to the tempo of the trial as the court sat full days, full weeks. 'The trial was 40 court days, which is a miracle. But, this means everybody adapted and cooperated,' Swanepoel said. She said the other challenges faced were from some critics, the political party's involvement, with criticism levelled throughout the trial. As well as the criticism expressed on social media. 'It is important to respect the role of law enforcement. It is also important to remember, we are all human,' she said. Swanepoel said the success was the landmark ruling in this case. This is the first time a conviction has been handed down for a trafficking in persons case where the child is sold and has not yet been found. 'The court found the specific exploitation in the form of slavery,' she said. This case was also filled with many firsts for her as a prosecutor. 'Doing a PowerPoint presentation whereby we illustrated a timeline of the events. We also produced an electronic mind map that illustrated different arguments. I have never used this for court. It worked, and the court incorporated some of our timeline in the judgment. ' Swanepoel said. She also praised the media's involvement. 'Because of the media, justice was brought to the people. I would like to say thank you for all their dedication every day. Throughout the process, they treated everyone with respect,' Swanepoel said. She further thanked Shakira Ganief, known on TikTok as Shakes Warrior for her assistance in getting video clips, and her selflessness in searching for Joshlin and her involvement in the case. Swanepoel also explained it was the first time in the country a Court Preparation Officer read out victim impact statements and further thanked everyone for their statements, especially Natasha Andrews for her heartfelt and personal video of Joshlin, which was played in court. 'This was a team effort. Several civil society organisations, community members were involved. The community really supported us throughout the trial. Always encouraging us, and it was so appreciated. A special thank you to the group of women who prayed every day at court, and the bouquets of flowers we received. I have been a prosecutor for over 30 years, and it is the first time I ever received flowers on a day of judgment,' Swanepoel said. When asked if she believed Joshlin was still alive, Swanepoel said: 'I cling to the hope. I am convinced she was not killed in Saldanha Bay or the surrounding areas. Where she is, I do not know. I can only hope we find her,' Swanepoel said. Speaking on her feelings before judgment and sentencing were handed down, Swanepoel said: 'We did not know how it would go. We were hopeful. The judge was firm. We hoped. We prayed. We all want justice. To me, I always do everything with prayer'. Swanepoel said they were relieved when things went in their favour and believes the sentence handed down was fair. [email protected] IOL
IOL News
a day ago
- IOL News
Insights from the Joshlin Smith case: A prosecutor's perspective on human trafficking
State Prosecutor Advocate Zelda Swanepoel Image: Ayanda Ndamane/Independent Newspapers Nearly a month after three people were sentenced for trafficking Joshlin Smith from Saldanha, the case remains a hot topic. While questions still surround the whereabouts of the green-eyed girl who captured the hearts of the nation, the State Prosecutor during the trial, Advocate Zelda Swanepoel, spoke about her perspective on the case. On May 29, Jacquen 'Boeta' Appollis, Steveno van Rhyn and Kelly Smith were sentenced to life imprisonment plus 10 years for trafficking in persons and kidnapping. Speaking on Thursday, Swanepoel said the moment she heard about the Joshlin case, she knew this was going to be difficult, as we (South Africa) had no precedent for a case of this kind. Limited evidence, a deluge of rumours, the ongoing investigation, criticism against the section 204 (State witness - former accused Laurenia Lombaard) witness, the need for corroboration, the reality that many witnesses suffer from drug addiction, and more were the challenges she knew they would face during the trial. Joshlin Smith has been missing since February 19, 2024. Image: Supplied Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Next Stay Close ✕ Ad loading 'We knew from the start. We were aware of conflicting versions. We foresaw this,' she said. The strategy was to rely on their most important witness, Lombaard, as well as Steven Coetzee. He testified that Kelly expressed she would be selling her children and how, by the next year (2024), Saldanha would look like a Netflix movie with cars, police, etc, alluding to how the area looked after Joshlin was reported missing on February 19, 2024. The State told the story from the beginning, from when two officers responded to the call of a missing child and presented their evidence in chronological order. 'We set the scene to prove that Joshlin was indeed missing,' Swanepoel said. 'Although we had to be innovative and adjust our strategy, we stuck to the initial plan for most of the trial. I usually draw up an action plan for a trial She also expressed her disappointment that the convicted traffickers, especially Kelly, did not testify during the trial. She said in South Africa, there is no offence called human trafficking, and they realised there were gaps, but then decided to take this matter on trafficking in persons, whereby the person becomes the commodity, objectifying the person for the person for exploitation. This would fall within the Prevention and Combating of Trafficking in Persons Act (PACOTIP). Challenging Swanepoel said the most challenging matter in this case was the media presence. 'I felt like I was under a microscope all the time. My facial expressions, everything was out there,' she explained. She also explained that getting witnesses ready, knowing there was so much media attention. Witnesses also had nowhere to hide as everyone would be watching as they delivered their evidence. 'This case was extremely difficult and emotionally draining. We went on a rollercoaster ride of emotions all the time. It was extremely exhausting; we also had to drive in every day from Cape Town to Saldanha, bringing the law to the people. We were constantly working. Adapting to the trial plan. Behind the scenes, I was transcribing, which is tiring, documents had to be translated,' Swanepoel said. She said they also had to adjust to the tempo of the trial as the court sat full days, full weeks. 'The trial was 40 court days, which is a miracle. But, this means everybody adapted and cooperated,' Swanepoel said. She said the other challenges faced were from some critics, the political party's involvement, with criticism levelled throughout the trial. As well as the criticism expressed on social media. 'It is important to respect the role of law enforcement. It is also important to remember, we are all human,' she said. Success Swanepoel said the success was the landmark ruling in this case. This is the first time a conviction has been handed down for a trafficking in persons case where the child is sold and has not yet been found. 'The court found the specific exploitation in the form of slavery,' she said. This case was also filled with many firsts for her as a prosecutor. 'Doing a PowerPoint presentation whereby we illustrated a timeline of the events. We also produced an electronic mind map that illustrated different arguments. I have never used this for court. It worked, and the court incorporated some of our timeline in the judgment. ' Swanepoel said. She also praised the media's involvement. 'Because of the media, justice was brought to the people. I would like to say thank you for all their dedication every day. Throughout the process, they treated everyone with respect,' Swanepoel said. Jacquen Appollis, Steveno van Rhyn, and Kelly Smith were sentenced to life imprisonment. Image: Ayanda Ndamane/Independent Newspapers
IOL News
08-06-2025
- IOL News
Prosecutors remain hopeful in Joshlin Smith case despite life sentences for kidnappers
Just over a week ago, Kelly Smith, Jacquen Appollis, and Steveno Van Rhyn were sentenced to life imprisonment by the Western Cape High Court for their roles in the abduction and trafficking of Joshlin, who was reported missing on February 19, 2024. State prosecutors in the high-profile kidnapping and trafficking case of six-year-old Joshlin Smith say they remain hopeful the child will still be found, despite the conviction and sentencing of the three individuals held responsible for her disappearance. Just over a week ago, Kelly Smith, Jacquen Appollis, and Steveno Van Rhyn were sentenced to life imprisonment by the Western Cape High Court for their roles in the abduction and trafficking of Joshlin, who was reported missing on February 19, 2024. The little girl has not been seen since that day, and her disappearance continues to haunt both investigators and the wider South African public. Prosecutors Advocate Zelda Swanepoel and Advocate Aradhana Heeramun led the state's case in the matter. Speaking to the media following the sentencing, both prosecutors described the outcome as bittersweet, saying justice had been served in part, but that the fight was far from over. 'We are still hopeful that something will break and we can solve this case by finding Joshlin,' said Heeramun. 'Every single lead is followed up. At no stage did we say this is a cold case. It is still a very active and live investigation.' Despite the court's decision bringing a degree of legal closure to a year-long investigation, Swanepoel emphasised that the most important part of the case remains unresolved: finding Joshlin.
eNCA
07-06-2025
- eNCA
Prosecutors' pyrrhic victory with Joshlin still missing
CAPE TOWN - It's been just over a week since Kelly Smith, Jacquen Appollis and Steveno Van Rhyn were sentenced to life behind bars for the kidnapping and trafficking of Joshlin Smith. The little girl was reported missing on 19 February last year. She has still not been found. This marked a test case in South Africa as the state had no victim to present to court. eNCA reporter Ayesha Ismail sat down with the two prosecutors who secured the three convictions. This as lawyers for some of those convicted, indicate they'll be appealing the sentence. Different criteria are used when deciding on allocating a specific case to a prosecutor. As the National Prosecuting Authorities head for trafficking in persons in the Western Cape, Advocate Zelda Swanepoel was the obvious choice for the Joshlin Smith case. Swanepoel needed a strong team to help her crack this case and included Advocate Heeramun during the trial. Swanepoel said, "H ow Advocate Heeramun became involved because at the time I was her advisor we are in the organised component of the DPPs office and it was the logical choice to include her as part of the team she has dealt with high profile cases in the past and I believed we could make a good team and we brought different virtues and capabilities to the team.' The two prosecutors understood the challenges of not having a victim to testify. Swanepoel explained, "It was the first time that we used trafficking in persons, where a child was sold and had not yet been recovered. There were three other previous reported cases, two in the High Court in Pretoria and one in Pietermartizburg.' Those three cases involved traps or undercover operations. Police were notified of a transaction taking place. A police agent negotiated the sale and the accused were arrested the minute the child was handed over. This was the first case where there was no victim or body to present to court. The focus had to be on the sale of the child. Heermun said, 'We then had to decide on the credibility, on the admissibility, and how to best present it in court." "You have to anticipate every possible angle the defence might come at your case and prepare in fact and in law for those arguments.' Balancing the evidence and the emotions wasn't always easy. VIZ@ the two prosecutors in court Swanepoel says trafficking in persons is the most challenging case to prove in court due to the vulnerability of the victims. She says prosecutors have to be strong for their victims. So, was Joshlin sold to a sangoma by her mother for R20,000 or was she taken to a woman called Ma Kalima by Jacquen Appolis and Steveno Van Rhyn on Kelly Smith's instructions? Swanepoel said, "Our argument is it's irrelevant to whom Joshlin was delivered because that is in fact the only contentious part in the evidence." "It was however, and this is the evidence that the court accepted, that there was an agreement, there was a plan to sell Joshlin, there was an agreement to sell Joshlin, there was even an agreement on the price. All four of the parties, and I include Miss Lombaard, all four of the parties agreed to the selling of Joshlin. All agreed to the benefit they were going to get and the roles they were going to play and that is what the court found .'
The Star
03-06-2025
- Health
- The Star
What happened to the maternal love?
On May 11th, South Africa took a moment to celebrate and remember mothers, acknowledging the comfort, care, and boundless love that mothers embody. Those fortunate enough to have experienced this special maternal love should indeed treasure those memories. However, the recent news surrounding two deeply disturbing cases stands in stark contrast to this sentiment. A six-year-old girl and a two-year-old boy became victims in profoundly troubling ways. Keneilwe Shalaba, the mother of the two-year-old, Kutlwano, appeared in the Vanderbijlpark Magistrate's Court this week, accused of selling her son for R75 000. Tragically, Kutlwano, who had been missing since November of last year despite extensive searches, was found dead last week. A traditional healer is also expected to be implicated in this heartbreaking case. Adding to this sorrow is the case of six-year-old Joshlin Smith, who disappeared from her Saldanha Bay home on February 19, 2024. The court revealed that Joshlin was reportedly sold for R20 000. Her mother, Racquel ''Kelly'' Smith, along with her boyfriend and a family acquaintance, were found guilty in the Western Cape High Court and received life sentences. While justice may have been served in this instance, Joshlin herself remains missing. These cases, along with the countless others where children have suffered such fates at the hands of their mothers, are deeply distressing. While some commentators attribute these acts to poverty, it's important to remember the countless mothers who make immense sacrifices to provide for their children, working tirelessly in difficult conditions to ensure their well-being. We heard stories of mothers who sell toasted corn by the street corner to support their kids; and mothers walk the streets in the blazing sun, selling tripe, just to make sure that their children don't go to bed on an empty stomach. Ultimately, it seems that greed, with money as the driving force, lies at the heart of these unthinkable crimes.
