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Joshlin Smith Trial: Key Witness Applies for Legal Protection

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Joshlin Smith trial witness Lombaard seeks indemnity, Section 204 witness explained, South African criminal procedure, Kelly Smith trafficking conviction, Jacquen Appollis sentencing, Steveno van Rhyn judgment, Tlholo Lehlekiso law expert, indemnity application judicial proceeding, Joburg ETC

In a case that has riveted the nation, Laurentia Lombaard, who testified against her former co‑accused in the disappearance and trafficking of six‑year‑old Joshlin Smith, has asked the High Court to grant her indemnity under Section 204 of the Criminal Procedure Act.

Joshlin, whose striking green eyes became a symbol of hope across Saldanha Bay, went missing on 19 February 2024. The trial ended in May, with Kelly Smith, Jacquen ‘Boeta’ Appollis, and Steveno van Rhyn each receiving life sentences for trafficking and 10 years for kidnapping.

From Accused to Crown Witness

Earlier, Lombaard was charged alongside the others. In October 2024, she flipped roles and turned State witness. Her testimony, claiming Kelly accepted R20 000 to hand over Joshlin to a sangoma, shocked the court and helped seal the convictions.

What Is a Section 204 Witness?

Professor Tlholo Lehlekiso of UWC explains that a Section 204 witness admits involvement in a crime to testify against others. If found to have been candid and transparent, the court may grant indemnity, protecting them from prosecution for that specific offence.

When Is Section 204 Used?

Prosecutors typically rely on Section 204 in cases involving serious crimes, organised crime, large‑scale corruption, or human trafficking, where insider evidence is vital to expose the full scope of wrongdoing.

Outcomes and Legal Stakes

Once the trial concludes, the court decides:

  • Grant indemnity if testimony was honest and complete.

  • Deny it if evidence suggests deception or omission, stripping the protection and exposing the witness to prosecution.

What Lies Ahead for Lombaard?

Her testimony was instrumental, but final judgment now lies with Judge Nathan Erasmus. The community, already deeply affected, awaits the court’s decision, which will determine whether Lombaard crosses the courtroom threshold free or continues to face charges herself.

Also read: Defence Accuses Judge of Hostile Courtroom in Joshlin Smith Appeal

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Source: IOL

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