Final verdict delivered: Life sentences for trio in Joshlin Smith kidnapping case

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

29 May 2025

Joshlin Smith’s mother Racquel Smith and her co-accused, Jacquen Appollis and Steveno van Rhyn, have been handed life sentences for human trafficking and 10 years for kidnapping.

Judge Nathan Erasmus imposed life sentences on convicted kidnappers and human traffickers Racquel Smith, Jacquen Appollis and Steveno van Rhyn in the Joshlin Smith case, being held in the Western Cape Division of the High Court, sitting in Saldanha Bay, on Thursday, 29 May 2025.

The judge also ordered that the names of three accused be entered into the national Child Protection Register since they were convicted of serious crimes involving children and hence cannot have contact with children for the foreseeable future.

This brings an end to the trial that started on 3 March 2025. On Wednesday, 28 May, the court heard the victim impact statements describing the pain of those affected by Joshlin’s disappearance, triggering a torrent of emotions.

The impact of Joshlin’s February 2024 disappearance on the community contributed to the court’s decision to impose life imprisonment, the minimum prescribed sentence for the crime.

Read more: Courtroom in tears as shattered community describes the effect of Joshlin Smith’s disappearance

Another factor that influenced the court’s decision to impose life was the damning reports by probation officer Errol Pietersen, a social worker from the Department of Social Development, who stated that the three had shown no remorse, did not deserve to be considered for a suspended sentence, and that life imprisonment was the only appropriate sentence.

Delivering his ruling on Thursday, Judge Erasmus said: “The accused did not show remorse (and) up until the eve of sentencing still lied. With the overwhelming evidence against the accused, I could find no mitigating circumstances for the court to deviate from the minimum prescribed sentence.”

Judge Nathan Erasmus during sentencing proceedings. (Photo: Gallo Images / Brenton Geach)

Smith, Appollis and Van Rhyn also failed to demonstrate to the court that there were substantial or compelling circumstances that justified a lesser sentence.

Until about lunchtime on 19 February 2024, each of the accused still had the opportunity to withdraw from the plot to sell Joshlin, but they did not, and all three were complicit in this heinous crime. Appollis and Van Rhyn are also parents.

A jubilant scene erupted in the court shortly after it adjourned. Family members and courtgoers wore white roses with yellow lint — the white representing the innocence of missing children and yellow the ongoing search for Joshlin.

The sentencing was issued during Child Protection Week, which runs from 25 May to 1 June.

Background

Smith, her boyfriend Appollis and their friend Van Rhyn were found guilty of the charges stemming from Joshlin’s disappearance from Middelpos informal settlement in Saldanha Bay. They were accused of selling Joshlin for R20,000.

The three, who pleaded not guilty, had denied the allegations against them throughout the trial. While delivering his guilty verdict on 2 May, Judge Erasmus said Joshlin, a Grade 1 pupil at Diazville Primary School, “was exchanged”.

“The fact is that her freedom of movement and liberty was inhibited, which in itself are the main elements of kidnapping,” the judge said, adding that multiple witnesses testified that there were promises of payments.

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

Protecting the rights of children

Advocate Nicollete Bell, the Western Cape Director of Public Prosecutions, welcomed the sentences, emphasising that the case was testimony to the National Prosecuting Authority’s (NPA) commitment to protect the rights of children.

“The theme of Child Protection Week is South Africa’s Children. It is all of our responsibility. That is also what the judge spoke about. Sadly, six-year-old Joshlin is still missing. We urge the community and everybody to continue looking for her.

Jacqen Appolis and Steveno van Rhyn during sentencing proceedings at the White City Multipurpose Centre. (Photo: Gallo Images / Brenton Geach)

Kelley Smith's mother Amanda Daniels-Smith and Loeta Yon — Joshlin's grandmther — during sentencing proceedings. (Photo: Gallo Images / Brenton Geach)

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

“Thursday’s result is also a testimony of what happens if communities, stakeholders and everybody work together as a collective, then we have positive outcomes like this, where the judge, in his own words, said: ‘The community wants their dignity back.’ They were instrumental in getting their dignity back and in the search for Joshlin,” Bell said.

Western Cape police boss Lieutenant-General Thembisile Patekile told the media that Joshlin’s missing persons docket was still open, and that the South African Police Service will not rest until they found out what happened.

“We are continuing day and night, and we still are appealing to everybody to come forward with any information. The search for Joshlin has gone outside the country, and we are in contact with Interpol and other police agencies. We hope that one day we will find out what happened to Joshlin,” he said.

He also noted the importance of the community standing together and mobilising quickly to search for Joshlin.

The defence is expected to appeal against the conviction and sentencing decisions. On Thursday, Judge Erasmus decided not to consider any appeals against the conviction or sentence.

He has directed counsel for the accused to prepare affidavits stating why they want to appeal against the conviction and sentence, and for the State to submit answering affidavits. A date will be set aside to hear the appeals. DM

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Background

Protecting the rights of children