Countless other Joshlin Smiths out there, trafficking expert tells Western Cape High Court

Reports submitted as part of sentencing proceedings to the Western Cape Division of the High Court have painted Racquel Smith – better known as Kelly, the mother of missing seven-year-old Joshlin – as the mastermind behind her own daughter’s trafficking.

The reports by probation officer Errol Pietersen, a social worker from the Department of Social Development, were read into the record on Tuesday, 27 May.

Amanda Daniels-Smith, mother of Raquel ‘Kelly’ Smith, at the Western Cape Division of the High Court sitting in Saldanha Bay on Tuesday, 27 May 2025. (Photo: Elisma van der Watt / Maroela Media)

Her co-accused, Steveno van Rhyn, was described as a menace to society. On 2 May 2025, the three accused, Smith, Van Rhyn and Jacquen Appollis, were found guilty on charges of the kidnapping and human trafficking of Joshlin.

Pietersen said that giving a suspended sentence to the three accused would be wholly unacceptable. Given the gravity of the crime, the outrage of Joshlin’s family, and the community’s demand for justice, it would be appropriate to impose the maximum penalty – life in prison.

Presiding over the court, sitting in Saldanha Bay, Judge Nathan Erasmus expressed his surprise because the Department of Social Development normally recommends a lesser sentence, but in this case went for the jugular.

From left: The three accused, Jacquen Appollis, Steveno van Rhyn and Raquel ‘Kelly’ Smith in the dock at the Western Cape Division of the High Court sitting in Saldanha Bay on Tuesday, 27 May 2025. (Photo: Elisma van der Watt / Maroela Media)

Pietersen’s report was consistent with earlier evidence by human trafficking expert Dr Marcel van der Watt, who testified virtually from the US.

Van der Watt told the court that “trafficking in persons thrives in the shadows, exploiting environments of poverty, inequality and lack of awareness. Vulnerable children and adults, whether in rural areas, urban centres or along borders, are caught in these networks of exploitation.

“We cannot ignore the stories of victims like Joshlin Smith, who is still missing. Her case is a stark reminder of the countless other Joshlins out there, children whose names we may never know, who have been taken and never found,” Van der Watt told the court.

Background

Smith, her boyfriend Appollis, also known as Boeta, and Van Rhyn were found guilty of the charges stemming from Joshlin’s disappearance on 19 February 2024 from the Middelpos informal settlement in Saldanha Bay. 

The three, who pleaded not guilty, had denied the allegations against them throughout the trial. The State had alleged that the accused “sold, delivered or exchanged” Joshlin, a Grade 1 pupil at Diazville Primary, for money.

Appollis and Van Rhyn implicated themselves when they said Joshlin was taken to a supposed sangoma on the day she went missing. Judge Erasmus ruled that the accused’s confessions in the trial were admissible and could be used as evidence against them.

The trio chose to remain silent and did not take the stand or call any witnesses in their defence.

Damning probation report

The damning probation report paints a bleak picture of Smith, Appollis and Van Rhyn, stating they have shown no remorse and did not deserve to be considered for a suspended sentence.

According to the report, Smith said she suffered rejection by both her biological parents and was raised by her maternal grandparents. However, this point was described by her aunt, Priscilla Collair, as a blatant lie.

“Smith was never rejected by either of her biological parents and was in fact supported emotionally and financially by her biological parents, maternal grandparents and stepfather,” Pietersen told the court.

Smith also claimed to have been a victim of sexual abuse when she was 13, which she said had caused her great unhappiness and emotional upset throughout her life. Kelly’s grandmother and Collair both dismissed this assertion.

Smith denied any involvement in the disappearance of Joshlin and accused the court of bias, her legal representative of incompetence, the witnesses of lying under oath and the community of being misinformed. She speculated that her daughter was trafficked as a “sex slave” and she said she believed her child was alive.

Pietersen told the court that on the day of his interaction with Smith at Pollsmoor Prison on 21 May 2025, she appeared disengaged and demonstrated a lack of awareness regarding the gravity of the incident.

“She attempted to hoodwink the probation officer with falsehoods. In the first instance, she fabricated bold lies about being rejected by her parents, and secondly, claimed to have been sexually abused as a child.

“It is therefore not a stretch to conclude that Smith is the mastermind behind the trafficking of her own daughter. It is quite disconcerting that Smith violated her daughter’s trust in her, not only as her provider, but protector,” he told the court.

According to Pietersen, Appollis had been visibly emotional when it was relayed to him how Joshlin must have been traumatised.

“He was very close to tears upon being reminded that he has two girls of his own and the effect it would have on him and his children if the same disaster were to befall them.

“In describing the events that transpired on 19 February 2024, Appollis reported that Joshlin had been to school – however, it is a known fact that Joshlin had in fact not been to school.”

This photo of Joshlin Smith leaves her grandmother Amanda Daniels-Smith in tears. (Photo: Supplied)

Van Rhyn’s history showed that he had a propensity to commit crime. According to Pietersen, Van Rhyn had on several occasions been afforded opportunities to turn his life around, but he chose to continue on the criminal trajectory of his life 

His record includes awaiting-trial offences of malicious damage to property, assault, housebreaking, theft (all in 2019), murder in 2022 and possession of a dangerous weapon in 2024.

His list of convictions included robbery in 2014 as well as in 2016, drug trafficking in 2018 and housebreaking in 2020.

“Van Rhyn had been granted several opportunities to turn his life around, which he had flouted carelessly. He had been described by both his sisters, Aisha Mostert and Hendrika Plaatjies, as someone who is easily provoked, and in the light of his many infractions, he is clearly a menace to society.

“Moreover, the offender flatly denies culpability in the matter. Van Rhyn can find no room for mercy or absolution, leniency is further thwarted by his complete lack of remorse. In fact, upon questioning, he callously stated that ‘he does not care’ what happened to Joshlin.”

Web of sexual exploitation

Earlier, the court heard the virtual evidence presented by human trafficking expert Van der Watt. He told the court his report was based on 23 years of professional experience in addressing trafficking in persons, organised crime and sexual exploitation. His experience encompasses roles in law enforcement, criminal investigations, expert court testimony, academia and both local and international research.

He told the court that the latest Global Report on Trafficking in Persons (UNODC, 2024) highlights several “Special Points of Interest”, trends and challenges in addressing trafficking in persons globally. These include:

1. The number of victims of trafficking detected globally is on the rise again after dropping off during the Covid pandemic;


2. Child victims are increasingly detected globally, with distinct patterns emerging for boys and girls;


3. Trafficking for forced labour is on the rise, but the criminal justice response lags behind;


4. Women and girls continue to make up the majority of victims detected worldwide;


5. Most trafficking in persons is perpetrated by organised crime groups operating in business or governance types of structures;


6. Victims are trafficked globally through an increasing number of international routes, with African victims trafficked to the highest number of destinations; and


7. Displacement, insecurity and climate change are exacerbating the vulnerability of Africans to being trafficked.

Victims treated as commodities

Van der Watt’s view on sentencing was that the Joshlin kidnapping and trafficking case demonstrated clear evidence of planning and premeditation. It started when Smith devised a plan to sell Joshlin as early as August 2023.

“This indicates significant forethought and intent, as the accused had ample time to consider and deliberate over the nature of her actions and the consequences for Joshlin. This was not a spontaneous act but a calculated crime. The evidence also strongly suggests no other alternative but that Joshlin was sold for the purpose of exploitation.

“This aligns with the established patterns of trafficking crimes, where victims are treated as commodities with financial earning potential. The accused knowingly commodified Joshlin, prioritising their financial motives over her wellbeing and safety,” he told the court.

He said, “Kelly Smith, as the mother, played a particularly significant role as the orchestrator of the plan, pointing to significant culpability on her part. Similarly, Appollis and Van Rhyn also played vital roles in enabling and reinforcing the trafficking process. Collectively, their actions solidified the lies and deception, entrapping the victim, unbeknownst to her, in a web of inevitable harm.

“This betrayal, coupled with the mother’s role in orchestrating the exploitation for financial gain, emphasises the severe abuse of trust inherent in the mother-daughter relationship. Joshlin’s status as a child was exploited, and this aspect underscores the gravity of the offence. What thoughts might have crossed her mind as a six-year-old when she first recognised that something was profoundly wrong?” he asked.

The trial continues on Wednesday, 28 May 2025. DM