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Joshlin Smith Case: Convicted Mother and Accomplices to Appeal Life Sentences

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1 month ago

July 18, 2025

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Convicted trio claim they were wrongfully sentenced in case of missing child sold for R20,000

Over a year after six-year-old Joshlin Smith vanished from Saldanha Bay, her mother and two co-accused are heading back to court, not for a retrial, but to fight the life sentences handed to them for her disappearance.

Racquel “Kelly” Smith, alongside Jacquen Appollis and Steveno van Rhyn, were convicted of kidnapping and trafficking in persons for exploitation in a case that horrified the nation and exposed a dark undercurrent of child trafficking in South Africa.

Now, the trio will attempt to overturn both their convictions and life sentences at the Western Cape High Court on August 12 and 13.

State confident appeal will fail

The National Prosecuting Authority (NPA) has confirmed that all three have filed appeal papers. But the State isn’t worried.

“We are confident there are no prospects of success,” said NPA spokesperson Eric Ntabazalila, who confirmed that the NPA will strongly oppose the appeal.

This next stage of legal battle comes just months after Judge Nathan Erasmus delivered a searing judgment, saying the three had shown no remorse and treated Joshlin “as a commodity,” allegedly selling her for R20,000.

The missing child at the heart of it all

Joshlin was reported missing on 19 February 2024, and despite intense public attention and a protracted investigation, her whereabouts remain unknown. What has been confirmed in court is devastating: Joshlin was trafficked, likely sold, and the trail has gone cold.

The tragedy is compounded by the fact that her mother, the person meant to protect her, was found guilty of orchestrating her disappearance. During sentencing in May, Judge Erasmus made it clear that Kelly Smith not only failed Joshlin, but actively manipulated facts and showed no concern for her child’s fate.

A community scarred and still searching for answers

Joshlin’s disappearance has haunted Saldanha Bay and wider South Africa. Social media has kept her name alive with the #JusticeForJoshlin tag often resurfacing, especially around court dates.

Local activist groups and women’s rights organisations continue to demand stronger protections for vulnerable children and swifter legal consequences for those who traffic minors.

One user posted on X (formerly Twitter):

“We can’t rest until Joshlin is found. Appeal or not, these monsters shouldn’t see daylight again.”

A witness under scrutiny

The upcoming appeal hearing will also revisit the role of Lourentia Lombaard, the State witness who initially faced charges alongside the trio but later turned on them.

She testified under Section 204 of the Criminal Procedure Act, which allows for indemnity in exchange for cooperation. However, her testimony was riddled with inconsistencies, and defence attorneys used this to challenge her credibility throughout the trial.

Now, the court must decide whether she will receive full indemnity or if her own role in the crime could bring her back into the dock.

No remorse from co-accused

In damning sentencing remarks, Judge Erasmus didn’t hold back.

Appollis, despite being a father figure to Joshlin, was described as showing no concern for her wellbeing. The court noted his failure to act as anything more than an enabler in the crime.
Van Rhyn was painted as a “menace to society” with a history of violent crime, substance abuse, and a lifestyle steeped in lawlessness. A probation officer described him as a threat to the public.

All three were also added to the National Child Protection Register, permanently barring them from working with children in any capacity.

The unanswered question: Where is Joshlin?

Despite the conviction and sentencing, one devastating truth remains: Joshlin is still missing.

The lack of closure continues to weigh heavily on both investigators and the public. The police say the investigation is still active, but no major breakthroughs have been made since the original arrests.

For now, all eyes are on the Western Cape High Court this August, where the same judicial system that found the trio guilty will now hear their pleas for a second chance.

Whether or not the appeal succeeds, South Africa is still searching for a child who never came home.