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The Star
2 days 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
29-04-2025
- IOL News
The Joshlin Smith case: A pivotal moment in South Africa's battle against child trafficking
In powerful closing arguments on Tuesday, Senior State Advocate Zelda Swanepoel described the Joshlin Smith case as unlike any South Africa has seen before, a heartbreaking story where the victim's voice has not been heard. The six-year-old girl went missing from her Middelpos home in Saldanha Bay on February 19, 2024. Her mother, Racquel 'Kelly' Smith, her boyfriend, Jacquen 'Boeta' Appollis, and their friend, Steveno 'Steffie' van Rhyn, were charged with kidnapping and human trafficking. They have pleaded not guilty. Former accused Lourentia 'Renz' Lombaard testified that Kelly sold her daughter to a sangoma for R20 000. Addressing the Western Cape High Court, Swanepoel explained that in most human trafficking cases, the child is recovered and can testify about what happened. But Joshlin remains missing. Her absence, Swanepoel said, makes this case unprecedented. 'Usually, in a TIP (Trafficking in Persons) case, the most important source of information is the victim,' she told the court. 'In this case, we don't have that.' Drawing on extensive research and a recent article that she submitted as an authority, Swanepoel said that although South Africa has dealt with child trafficking before, those cases were very different. In the past, in three matters, undercover police operations intervened before any actual harm occurred. The children were never fully handed over to criminals. But Joshlin's situation is different. 'This is the first time we are dealing with a case where the child is truly gone,' Swanepoel emphasised. 'That is why this case is so important, not only for justice for Joshlin but also for the development of our law.' According to the State, the evidence shows that Joshlin was sold in a planned agreement between the accused parties. Swanepoel described this as 'modern-day slavery', the commodification of a human being for exploitation. 'A person is never supposed to be a commodity,' she argued. 'It sounds bizarre to the reasonable person that a child could be sold. But sadly, that is the reality we are facing.' Because South African law historically had no crime specifically criminalising the selling of a person, Swanepoel explained that legislation was introduced to close this gap, following international obligations like the Palermo Protocol. Swanepoel broke down the elements of trafficking as set out in South African law under Section 4(1) of the Prevention and Combating of Trafficking in Persons Act (PACOTIP). She explained that trafficking requires three elements: The act - what was done, The means - how it was done, and The purpose - exploitation. However, when the victim is a child, as in Joshlin's case, only two elements are required: the act and the purpose. The 'means' such as force or coercion is not necessary to prove, because children are inherently vulnerable. 'Section 11 of our legislation removes the need to prove the means when a child is trafficked,' Swanepoel said, referring the court to previous cases she had prosecuted where this principle was upheld. Swanepoel urged the court to recognise the gravity of the allegations. 'This is a very important case, not only because of Joshlin, but because it shapes how South Africa protects its most vulnerable.' The trial continues. Cape Argus
IOL News
29-04-2025
- IOL News
Joshlin Smith case: A landmark trial in South Africa's fight against human trafficking
In powerful closing arguments on Tuesday, Senior State Advocate Zelda Swanepoel described the Joshlin Smith case as unlike any South Africa has seen before, a heartbreaking story where the victim's voice has not been heard. The six-year-old girl went missing from her Middelpos home in Saldanha Bay on February 19, 2024. Her mother, Racquel 'Kelly' Smith, her boyfriend, Jacquen 'Boeta' Appollis, and their friend, Steveno 'Steffie' van Rhyn, were charged with kidnapping and human trafficking. They have pleaded not guilty. Former accused Lourentia 'Renz' Lombaard testified that Kelly sold her daughter to a sangoma for R20 000. Addressing the Western Cape High Court, Swanepoel explained that in most human trafficking cases, the child is recovered and can testify about what happened. But Joshlin remains missing. Her absence, Swanepoel said, makes this case unprecedented. 'Usually, in a TIP (Trafficking in Persons) case, the most important source of information is the victim,' she told the court. 'In this case, we don't have that.' Drawing on extensive research and a recent article that she submitted as an authority, Swanepoel said that although South Africa has dealt with child trafficking before, those cases were very different. In the past, in three matters, undercover police operations intervened before any actual harm occurred. The children were never fully handed over to criminals. But Joshlin's situation is different. 'This is the first time we are dealing with a case where the child is truly gone,' Swanepoel emphasised. 'That is why this case is so important, not only for justice for Joshlin but also for the development of our law.' According to the State, the evidence shows that Joshlin was sold in a planned agreement between the accused parties. Swanepoel described this as 'modern-day slavery', the commodification of a human being for exploitation. 'A person is never supposed to be a commodity,' she argued. 'It sounds bizarre to the reasonable person that a child could be sold. But sadly, that is the reality we are facing.' Because South African law historically had no crime specifically criminalising the selling of a person, Swanepoel explained that legislation was introduced to close this gap, following international obligations like the Palermo Protocol. Swanepoel broke down the elements of trafficking as set out in South African law under Section 4(1) of the Prevention and Combating of Trafficking in Persons Act (PACOTIP). She explained that trafficking requires three elements: The act - what was done, The means - how it was done, and The purpose - exploitation. However, when the victim is a child, as in Joshlin's case, only two elements are required: the act and the purpose. The 'means' such as force or coercion is not necessary to prove, because children are inherently vulnerable. 'Section 11 of our legislation removes the need to prove the means when a child is trafficked,' Swanepoel said, referring the court to previous cases she had prosecuted where this principle was upheld. Swanepoel urged the court to recognise the gravity of the allegations. 'This is a very important case, not only because of Joshlin, but because it shapes how South Africa protects its most vulnerable.' The trial continues.
