Joshlin Smith | Judge Erasmus did not mince his words during sentencing of Kelly Smith and co-accused

Judge Nathan Erasmus has sentenced Jacquen ‘Boeta’ Appollis, Steveno van Rhyn, and Kelly Smith to life imprisonment for their roles in the human trafficking case of Joshlin Smith. 

The sentencing took place on Thursday in a courtroom filled with tension, as the accused entered with sombre expressions.

In attendance were key figures, including Western Cape Police Commissioner Lieutenant General Thembisile Patekile and MEC for Police Oversight and Community Safety Anroux Marais, who have been closely following the case that has deeply affected the Saldanha community.

During the sentencing, Judge Erasmus reflected on the profound impact this case has had on the local community, noting that Joshlin grew up in an environment plagued by social issues and rampant drug distribution.

“It is the duty of this court to balance all circumstances applicable and blend it with a level of mercy in arriving at a sentence,” Judge Erasmus stated.

He emphasised the importance of considering the possibility of rehabilitation for the accused while also aiming to deter others from undermining societal moral values.

Addressing Boeta, who is a father of two, Judge Erasmus remarked that he had failed as a father figure to Joshlin and her siblings. Van Rhyn, described as a menace to society, was told by the judge that he had squandered numerous opportunities to reform his life.

“I expected someone from your background, whose father was murdered at a young age, to understand the impact of crime. Your attitude towards this court shows a lack of concern. You have shown no remorse,” Judge Erasmus said, as Van Rhyn clenched his teeth and maintained a stoic expression.

When it came to Kelly, the judge pointed out her manipulative behaviour, stating, “You go as far as to blame your parents for your conduct in this matter. We know from February 19, 2024, the lack of concern you have shown.”

Judge Erasmus found no mitigating factors in the case, asserting that not one of the accused had exhibited remorse throughout the trial. He concluded, “It is clear that a sentence of imprisonment is the only option here.”

While acknowledging that the trio was under the influence of substances during the commission of their crimes, he firmly stated that this was no excuse for their actions. “You had enough time to speak and come clean,” he added.

The prosecution requested that the names of the accused be added to the National Child Protection Register (CPR), a critical tool in South Africa for protecting children from abuse and neglect. The register is maintained by the Western Cape Government in accordance with the Children’s Act 38 of 2005.

In addition to life imprisonment for human trafficking, all three were sentenced to 10 years for kidnapping, with the sentences running concurrently.

Speaking to IOL, Joshlin’s father, Jose Emke, expressed his frustration, stating, “I will not be satisfied until I hear my daughter's voice and see her face. I'm not happy because we still don’t know where Joshlin is. Why can’t Kelly speak the truth and tell us what happened?”

Judge Erasmus also refused the defence's application for leave to appeal, stating that the defence would need time to reflect on the sentencing and the State would need time to respond. A date for the appeal will be set later, as it was noted that the sentenced individuals are not usually present during these applications.

Western Cape Police Commissioner Lieutenant Thembisile Patekile welcomed the sentencing, stating, “This case has deeply affected many South Africans. The SAPS team displayed unwavering commitment and professionalism throughout this emotional journey. Their meticulous investigative work not only brought accountability but also reaffirmed the principles of justice and the rule of law in our society.”

Patekile also confirmed that the search for Joshlin has not concluded. “While no sentence can erase the pain caused by the heartbreaking disappearance of young Joshlin, this outcome offers a measure of closure and sends a powerful message: crimes against our most vulnerable citizens will not go unpunished. The search for Joshlin remains active, and SAPS is fully committed to exploring every possible lead in this tragic matter.”

robin.francke@iol.co.za

IOL