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Accused admit to day of drug use while denying involvement in Joshlin Smith’s disappearance

Accused admit to day of drug use while denying involvement in Joshlin Smith’s disappearance
Vincent Cruywagen
By Vincent Cruywagen
5 Mar 2025
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On the day Joshlin went missing, all those implicated in her disappearance, including her mother, claim that they took drugs, including tik, on multiple occasions and failed to look for her until hours later.

Joshlin Smith’s mother Racquel Smith and her two co-accused in the disappearance of the then six-year-old girl have denied charges of kidnapping and human trafficking, but admitted they spent much of the day she went missing smoking drugs.

On Wednesday, 5 March 2025, the plea explanation of the three accused was read into the record by their counsel: Rinesh Sivnarain for Racquel Smith, better known as Kelly; Fanie Harmse for Jacquen Appollis, Kelly’s boyfriend; and Nobohle Mkabayi for Steveno van Rhyn, the couple’s friend.

The three, who have pleaded not guilty, again denied the serious allegations against them. The State alleges that the accused “sold, delivered or exchanged” Joshlin, a Grade 1 learner at Diazville Primary, for money.

Kelly took drugs while Joshlin was missing


Explaining the events that unfolded on 19 February 2024, Kelly claimed she got up at 7am to get ready for work.

She has three children and claims to have told Joshlin and another of her children they would not be going to school as their uniforms were dirty. She dropped her youngest child off at a crèche and then went to work.

Kelly worked as a domestic worker. In her plea explanation,  Kelly said that just after noon she borrowed R50 from her employer and went to buy drugs.

“I went to my home and smoked the drugs with Appollis. I noticed that both my children were still at home. After smoking, I then went back to work around 1pm.

“Just before 5pm, I borrowed another R200 from (my employer) and proceeded to my home. When I got home, Appollis and Steveno were present.

“I enquired from him as to the whereabouts of the children and he responded by saying the younger child was with the godfather, and that Joshlin was playing around,” Kelly stated.

She then proceeded to enquire from a neighbour if she had seen Joshlin and heard that she had gone to play at a park.

This is in contrast to her statement made to the SAPS on the night of Joshlin’s disappearance, in which she claimed that when she returned home from work at 1.50pm, she noticed Joshlin was missing.

Bought another bag of drugs


After hearing that Joshlin was at the park, Kelly told Appollis that they must go to the shop and purchase gas before the shop closed. According to Kelly, on their way back, they bought another bag of drugs, which they immediately smoked when they arrived home.

A short time later, when Kelly’s minor son returned home she asked him if he had seen his sister, and he said that he had not. Kelly is said to have sent her son to check at the park where she was supposed to be playing, but returned to say she wasn’t there.

It was only then that she started to look for Joshlin in earnest.

“I then began to panic and informed my neighbour Namhla that I could not find my child. She said to me that she would assist to look for her. The two of us then proceeded to Diazville in search of Joshlin.

“We went to Tasa’s house but did not find Joshlin. It was at this stage that I became hysterical and others joined in to assist in the search,” she claimed.

Although Kelly was not certain of the time, she thought it was just after 9pm that the SAPS were contacted. The SAPS, she said, arrived at her home and she got into the police van and continued the search, but without any success.

Denying the charges against her and pleading not guilty, Kelly stated: “I do not have any knowledge of the offences for which I have been indicted, nor did I plan or have a common purpose with any other persons to commit such offence.”

Claims of police brutality


In both their plea explanations, Appollis and Van Rhyn claimed that after their arrests the police assaulted them to the extent that both thought they were going to die.

They stated that the police covered their heads with plastic bags and told them to move their heads if they wanted to talk. The two further claimed the police hit them on the head, legs and feet.

Furthermore, they claimed that when they were taken to hospital for medical examination, the police allegedly warned them that if they talked about how they sustained their injuries and who inflicted them, they would be killed. 

Boyfriend claims he wasn’t aware Joshlin was missing


In his plea explanations on the day that Joshlin disappeared, Appollis stated that when they woke up, they realised the children’s school clothes were dirty.

He confirmed that Kelly came home at about noon, and said that at that time her children were still in the tubs bathing and playing.

“Kelly said to me that she had R50 and that we should go and buy some tik to smoke. When we got back we sat and started smoking the tik, and just before 1pm Kelly went back to work.

“It was about 2pm when Joshlin told me that she can see that the school children have come out of school and that she wants to go and play with a friend of hers,” his plea explanation reads.

He further claims that after Kelly left, their friend Lorentia Lombaard, known as Renz, asked him to make a pipe to smoke as she had drugs, which he did. While they were smoking, Van Rhyn is said to have arrived with a microwave he was hoping to sell, and also smoked with them.

Lombaard was originally charged alongside the three accused, but the charges were dropped when she turned State witness.

“Around 5pm, Kelly arrived back from work and she asked me where the children were. I told her Joshlin was with her friend. Kelly told me that she has R20o she got from work and we should get the gas refill. She called Joshlin but there was no reply,” said Appollis.

“Steveno was still there when we went to buy the gas. Thereafter Kelly and I walked to ‘Mirjin’ and bought tik for R50 and went back home. All three of us smoked tik,” he claimed.

Appollis further stated that he and Steveno went to get R100 from the person who purchased the microwave. They walked back to the drug dealer, known as Mirjin, to buy another bag of tik for R50, plus a button (mandrax).

Once at home, Kelly asked them if they had seen Joshlin. At that stage, it was about 7pm, according to Appollis.

He claimed he then left with Van Rhyn to buy more drugs, and then went back to Van Rhyn’s house to smoke the drugs until about 10pm.

Appollis claimed he only learned that Joshlin had gone missing when Kelly and the police, carrying a torch because of load shedding, arrived at his home and told him that she was missing.

The matter continues on Thursday, 5 March 2025. DM

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