Judge: “We Must Presume That Little Joshlin Smith Is Still Alive”

In the harrowing case of kidnapping and alleged human trafficking, Judge Gayaat Salie da Silva emphasised the need to presume six-year-old Joshlin Smith is still alive during a pretrial hearing in the Cape Town High Court on Friday.

Joshlin Smith’s Disappearance

Joshlin disappeared 11 months ago from the Middelpos informal settlement in Saldanha Bay, and her mother, Racquel “Kelly” Smith, along with her boyfriend, Jacquin “Boeta” Appollis, and their friend, Steveno van Rhyn, face charges of kidnapping and human trafficking.

Smith stood alone in the dock, in tears, as an administrative error meant that Appollis and Van Rhyn were not transported from Pollsmoor Prison to attend the hearing.

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Legal representation has now been appointed for the accused. Due to high public interest, the trial may be moved to a circuit court in Saldanha Bay, allowing community members, many of whom lack resources to travel to Cape Town, to attend.

Allegations Against the Accused

According to the indictment, Smith allegedly made it known in August 2023 that she planned to have her three children taken away or sold in January or February 2024.

On February 18, 2024, Smith and Joshlin allegedly approached a white vehicle, where an unidentified woman handed something to Smith. Later, Smith, Appollis, Van Rhyn, and Lourentia Lombaard (a fourth accused whose charges were later dropped) allegedly discussed the plan and how to split the money.

The next day, Smith packed Joshlin’s clothes into a bag, allegedly handing her over to a white vehicle that drove away. That same night, Smith reported Joshlin missing to the police. Despite extensive investigations, Joshlin has yet to be found.

Ongoing Investigation and Next Steps

State prosecutor Zelda Swanepoel confirmed that the investigation remains ongoing, with additional charges expected.

The National Prosecuting Authority (NPA) spokesperson, Eric Ntabazalila, stated that a witness under Section 204 will be compelled to testify, and more charges are imminent. The matter has been postponed to February 28 as authorities work to locate Joshlin and build the case against the accused.

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