News

Defence Accuses Judge of Hostile Courtroom in Joshlin Smith Appeal

Published

3 weeks ago

August 13, 2025

Chiraag

Joshlin Smith case, Western Cape High Court, defence lawyer Nobahle Mkabayi, Judge Nathan Erasmus, Steveno van Rhyn appeal, South African legal news, kidnapping trial, human trafficking sentencing, court conduct allegations, Joburg ETC

Defence Pushes Back Over Judge’s Conduct in Joshlin Smith Trial

What was meant to be a procedural hearing in the Western Cape High Court quickly became tense when Advocate Nobahle Mkabayi openly accused Judge Nathan Erasmus of making the courtroom an intimidating space. Representing Steveno “Steffie” van Rhyn, one of three people convicted in the kidnapping and human trafficking of six-year-old Joshlin Smith, Mkabayi argued that Erasmus’s facial expressions and manner had undermined the fairness of proceedings.

The exchange took place during arguments for an appeal against Van Rhyn’s conviction and sentencing. The defence maintains that the court’s conduct, particularly during the mitigation phase, impacted their ability to present a full and fair case.

Dispute Over State Expert’s Role

At the centre of Mkabayi’s concerns is the State-appointed probation officer whose report influenced sentencing recommendations. She alleged that the expert had prior personal ties to people involved in the case and leaned entirely on the State’s version of events, disregarding defence submissions.

When Mkabayi questioned the expert about factors relevant to the sentencing, Judge Erasmus intervened. He explained in court that her questioning had become repetitive, prompting him to halt it. “You were going around in circles,” he said. Mkabayi disagreed, insisting that her questions were relevant and vital.

Language and Perceived Bias

The defence went further, suggesting that the judge’s findings closely mirrored the probation officer’s report, citing the shared use of the term “commodified” to describe the crime. Mkabayi argued this pointed to possible collusion. Erasmus rejected the claim outright, calling it “preposterous” and noting his long judicial career since 1999. He stressed that both sides had been able to submit material to the probation officer and that the defence could have cross-examined him more robustly.

Atmosphere in the Courtroom

Mkabayi’s most personal criticism centred on the judge’s demeanour. “My Lord, if you could see your face, your facial expressions made the environment hostile,” she said. Erasmus urged that the focus remain on the legal issues rather than personal attacks, emphasising the need to maintain professionalism.

The advocate concluded by requesting that, should the appeal be granted, it be heard before a full bench of the court.

Why This Matters

The Joshlin Smith case has gripped South Africa, not only because of the shocking nature of the crime but also due to its emotional impact on the Saldanha Bay community. Public interest remains high, and any perception of judicial bias fuels debate about the fairness of high-profile trials. The defence’s push for a full bench appeal underscores how pivotal courtroom conduct can be in shaping the path of justice.