State details how Joshlin Smith's mother orchestrated human trafficking sale as family marks her seventh birthday

Joshlin Smith’s grandmother, Rita Yon, said the birthday celebration for Joshlin on Sunday was a good and a sad day. It was sad because she didn’t know what to tell all the children who arrived at the celebration. (Photo: Vincent Cruywagen)

By Vincent Cruywagen

21 Oct 2024

Joshlin Smith’s mother and her co-accused could have been released if the State failed to present its indictment on Monday. At the 11th hour, prosecutors outlined how Kelly Smith allegedly spent months planning to sell the seven-year-old into human trafficking.

On Sunday, 20 October 2024, Rita Yon celebrated her granddaughter Joshlin Smith’s seventh birthday with some of the child’s friends.

joshlin smith trial rita yon Saldanha Bay local ward councillor Vernon Vraagom said the entire Saldanha Bay community was happy that the disappearance of Joshlin Smith had been referred to the Western Cape High Court. (Photo: Supplied)

“It was a happy and sad day. Sad because I felt sorry for the children who arrived and saw Joshlin’s empty seat,” Yon, Joshlin’s paternal grandmother, told Daily Maverick.

“But on Monday, I received good news from the court: the case will finally be heard by the Western Cape High Court.”

Joshlin, a Grade 1 Diazville Primary School pupil, went missing on 19 February 2024 in Saldanha Bay. Her mother, Racquel Chantel Smith, known as “Kelly”, claimed she dropped Joshlin off with her boyfriend at around 8am that day and went to work. When she returned at 5pm, Joshlin was gone.

But on Monday, 21 October, prosecutor Aradhana Heeramun presented the State’s version of the case against Kelly, her boyfriend, Jacquen Appollis, and their friend, Steveno van Rhyn, in the Vredenburg Magistrates’ Court.

The State claims that Joshlin was “sold, delivered or exchanged”, and that Kelly allegedly orchestrated the little girl’s sale and then lied about her disappearance. The State has not provided any details on who Kelly and her co-accused might have given Joshlin to.

The allegations elicited an audible gasp from the courtroom, which was packed with family members of the accused and prominent members of the Saldanha community, who have been part of the search team looking for Joshlin since she went missing.

The allegations against Kelly, Appollis and Van Rhyn appear to have come to light after another accused, Lorentia Lombaard, turned State witness.

joshlin smith trial lombaard Charges against Lorentia Lombaard, one of the four accused in the disappearance of Joshlin Smith, were withdrawn in the Vredenburg Magistrates’ Court on Monday, 21 October. (Photo: Vincent Cruywagen)

On Monday, Heeramun informed the court that the State had dropped all charges against Lombaard. The prosecutor did not elaborate on the reasons for the withdrawal, but the summary of facts indicates that Lombaard will now be a State witness against Kelly, Appollis and Van Rhyn. The trio faces charges of kidnapping and trafficking in persons for exploitation.

Lombaard is a friend of Kelly and Appollis.

Read more: ‘Confession rumours swirl as fourth suspect arrested in Joshlin Smith disappearance case’

Plan months in the making

According to the State, Kelly’s plans to have her child taken away or sold began in August 2023. This was allegedly scheduled to take place in January or February 2024.

“On Sunday, 18 February 2024, Kelly and Joshlin walked to a white motor vehicle that was parked nearby. An unknown female person alighted from the vehicle and conversed with Kelly. This woman allegedly handed something to Kelly. The mother and Joshlin returned home.

“Later during this day, Appollis, Van Rhyn and Kelly allegedly discussed the plan and how the money would be divided,” reads the summary of facts claims presented by the State.

The next day, when Joshlin vanished, Kelly allegedly informed Joshlin and her 11-year-old sibling that they would not be attending school that day.

Court documents further claim that Kelly allegedly packed Joshlin’s clothes into a bag and left for work. Joshlin and her 11-year-old were allegedly left with Appollis.

The State alleges that after Joshlin and her 11-year-old sibling were left with Appollis, he smoked dagga inside the house with Lombaard and Van Rhyn inside the house, with the children present.

“Later during the same day, Kelly arrived at the house. The mother took Joshlin and the bag she packed earlier. They left the house on foot. The mother and Joshlin got into a white motor vehicle that drove away.

“Later the same night the mother started looking for Joshlin and reported her missing to the police,” read the summary of facts.

The State claims that at all times, the accused persons shared a common goal and worked together to achieve it.

Community relieved

Initially, the matter was on the court roll on Monday for the State to indicate whether the investigation had been completed. It was the final postponement and had the State failed to hand in the indictment, the matter would have been temporarily struck off the roll and the accused released.

But at the 11th hour, Heeramun saved the day for the State and brought news that was music to the ears of the community of Saldanha Bay.

Addressing the court, Heeramun stated: “Your honour, the investigation has been completed and the matter has been referred to the Western Cape High Court for pretrial on January 31, 2025.”

Outside the Vredenburg Magistrates’ Court, a small crowd chanted “Justice for Joshlin”. They welcomed the news that the case had been transferred to the Western Cape High Court.

joshlin smith trial vraagom Joshlin Smith’s grandmother, Rita Yon, said the birthday celebration for Joshlin on Sunday was a good and a sad day. It was sad because she didn’t know what to tell all the children who arrived at the celebration. (Photo: Vincent Cruywagen)

Vernon Vraagom, a local ward councillor, told Daily Maverick, “The outcome says a lot. Someone has spoken. It states that there must be evidence, and there is definitely a case against the accused. We are content for now.

“In terms of Lorentia’s release, normally in cases like this, if someone is released, they may become a State witness, as she has.”

Meanwhile, Eric Ntabazalila, regional communications manager for the NPA in Western Cape, said the State had assessed all the evidence and decided to use Lombaard as a witness.

‘Safety starts at home’

Siyabulela Monakali, communications manager at anti-gender-based violence organisation Ilitha Labantu, said the indictment revealed a deeply troubling reality in South Africa.

He said the case underscored the vulnerabilities faced by children and the urgent need to combat child trafficking.

“It is particularly distressing that a mother could allegedly orchestrate such a profound betrayal against her own child. The tragic reality that those entrusted with a child’s safety may perpetuate such acts of exploitation speaks to the dire need for vigilance and systemic change.

Read more in Daily Maverick: Joshlin Smith missing child – here's what we know so far

“Children are often victims of some of the worst kinds of abuse, and it is heartbreaking to witness such exploitation arising from within the family unit.

“Ilitha Labantu recognises that incidents like Joshlin’s are not isolated; they reflect broader systemic failures to protect our most vulnerable members. We urge the community to remain vigilant, to recognise signs of exploitation, and to raise their voices against injustices. The safety of our children is a collective responsibility that requires our unwavering commitment,” he said.

Bianca van Aswegen, criminologist and national coordinator for Missing Children South Africa, said human trafficking was a prominent issue in South Africa.

“Kidnappings have escalated, human trafficking is happening, and more and more children are going missing. So where do we start to combat this problem?

“It is always easy for the public to point fingers at SAPS or organisations to say they are not keeping children safe, but what people forget is that safety starts at home,” Van Aswegen said.

The three accused, Kelly, Jacquen Appollis and Van Rhyn, will appear in the Western Cape High Court for pretrial purposes on 31 January 2025. DM

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South Africa

Plan months in the making

Community relieved

‘Safety starts at home’