Trio convicted in Joshlin Smith trial to know their sentences on 29 May

Prosecutor Advocate Zelda Swanepoel during pre-sentencing proceedings in the Joshlin Smith kidnapping case at Western Cape High Court on May 09, 2025 in Cape Town, South Africa. Kelly Smith, Jacqen Appolis and Steveno Van Rhyn were convicted of kidnapping and trafficking 6-year-old Joshlin Smith. (Photo: Gallo Images / Brenton Geach)

By Vincent Cruywagen

9 May 2025

The sentencing proceedings for Racquel Smith, Jacquen Appollis and Steveno van Rhyn, convicted of human trafficking and kidnapping Joshlin Smith, will be held from 27 to 29 May 2025.

Victim impact reports from individuals and community members, as well as evidence from a human trafficking expert, are central to the State’s arguments in aggravation of sentencing for the three convicted of kidnapping and trafficking Joshlin Smith.

Judge Nathan Erasmus relayed this in the Western Cape Division of the High Court as community members packed the public gallery on Friday, 9 May.

Prior to the proceedings, the judge stated that the court session would focus on the logistics of the sentencing proceedings, decide when the matter would return to Saldanha, and said this was not the day the accused would be sentenced.

“I’ve been informed by the State that they intend to lead evidence on the victim impact statements. This will, in all probability, be the evidence of social workers and experts’ evidence on human trafficking,” said Judge Erasmus.

This is the final phase of the trial, which began on 3 March 2024 in the Western Cape Division of the High Court sitting in the Saldanha Bay Multipurpose Centre, and resulted in the conviction of Racquel “Kelly” Smith, Joshlin’s mother, her boyfriend Jacquen Appollis, and their friend, Steveno van Rhyn, on counts of human trafficking and kidnapping stemming from Joshlin’s disappearance on Monday, 19 February 2024, when she was six years old.

Read more: Guilty: Smith, Appollis and Van Rhyn convicted in Joshlin Smith case

Friday’s court session was held in Cape Town but the judge indicated it would be transferred back to Saldanha. Arguments in sentencing proceedings will be heard on 27 and 28 May and sentencing will be handed down on 29 May.

Impact reports completed by social workers, as well as a report from the Department of Correctional Services, are always submitted during mitigation and aggravation of sentencing. These reports inform the court about the crime’s impact on the community and family members, helping the court understand the harm and loss suffered, which can be considered during sentencing.

TikTok influencer Shakeerah Ganief says if Kelly Smith doesn't divulge where missing Joshlin is, she shouldn't waste time testifying in mitigation of sentence. (Photo: Vincent Cruywagen)

Merna Robertson attended the pre-sentence hearing for the three accused of abduction and human trafficking Joshlin Smith, who were convicted on 19 February 2024. (Photo: Vincent Cruywagen)

Veronique Williams of Faith and Hope Missing Persons said that a life sentence for the three accused convicted on charges of kidnapping and human trafficking was not justice because Joshlin was still missing. (Photo: Vincent Cruywagen)

Although Amanda Daniels-Smith, Kelly’s mother, told Daily Maverick that her daughter had indicated that she would take the stand in mitigation of sentencing, there was still no clear indication of whether she would.

On Friday, Smith’s lawyer, Rinesh Sivnarain, as well as advocate Fanie Harmse, who appeared for Appollis, and Nobahle Mkabayi, appearing for Van Rhyn, told Daily Maverick they still needed to consult with their respective clients.

The trio have chose to remain silent during the case, deciding to neither take the stand nor call any witnesses in their defence, thereby closing the case against them.

Provisional sentencing date

Following the brief hearing on Friday, National Prosecuting Authority Western Cape spokesperson Eric Ntabazalila told the media that on Tuesday 27 May the State would start with arguments in aggravation of sentence.

“The State intends to have victim statements done by a social worker, in which people of the community who were affected by this case will discuss how it affected them.

“The State will also call an expert on trafficking in persons, who will give his expert opinion via the Zoom platform, because the person is not in the province,” he said.

On whether the defence intended to call witnesses, Ntabazillia said: “We can expect that, but unfortunately I cannot because they have not indicated that in court, but they are free to do so.”

Read more: Joshlin Smith case — Why the court found the accused guilty

‘Tell us where Joshlin is’

Despite the administrative nature of the hearing, Friday’s court session at the Western Cape Division of the High Court in Cape Town drew a large crowd.

Shakeerah Ganief, a TikTok influencer who testified during the trial that Kelly didn’t act like a mother whose child had gone missing, told Daily Maverick: “My feeling about the case is exactly what I expected.

“I didn't expect Kelly to say anything. Do I think she is going to speak or tell us where Joshlin is? I don't know. The only thing we want to hear from her is where Joshlin is and where we can go and find her. If that is not coming from Kelly, there is nothing else we want to hear from her,” she said.

The packed gallery during pre-sentencing proceedings. (Photo: Gallo Images / Brenton Geach)

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

Prosecutor Advocate Zelda Swanepoel during pre-sentencing proceedings. (Photo: Gallo Images / Brenton Geach)

Veronique Williams, a former police officer who now works with the group Faith and Hope Missing Persons in Mitchells Plain, echoed that justice in this case would not be served for as long as Joshlin had not been found.

“I can’t think why Kelly, Steveno and Appollis are sitting in court knowing where Joshlin is. It has been going on for a year that Joshlin is missing and they can’t even open their mouths.

“I have sat with families on Thursday, 8 May, who also have missing persons and children who are still missing. They are still traumatised for six and 13 years.”

Williams went on to say that life sentences given to perpetrators could only serve as a deterrent to prevent a recurrence of the crime if they were kept in prison and never permitted to leave.

The matter will be back in the Western Cape Division of the High Court on Friday, 23 May, for transfer to the circuit court sitting in Saldanha Bay. DM

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South Africa

Provisional sentencing date

‘Tell us where Joshlin is’