In powerful closing arguments on Tuesday, Senior State Advocate Zelda Swanepoel described the Joshlin Smith case as unlike any South Africa has seen before, a heartbreaking story where the victim’s voice has not been heard.

The six-year-old girl went missing from her Middelpos home in Saldanha Bay on February 19, 2024.

Her mother, Racquel ‘Kelly’ Smith, her boyfriend, Jacquen ‘Boeta’ Appollis, and their friend, Steveno ‘Steffie’ van Rhyn, were charged with kidnapping and human trafficking. 

They have pleaded not guilty.

Former accused Lourentia ‘Renz’ Lombaard testified that Kelly sold her daughter to a sangoma for R20 000.

Addressing the Western Cape High Court, Swanepoel explained that in most human trafficking cases, the child is recovered and can testify about what happened. But Joshlin remains missing. Her absence, Swanepoel said, makes this case unprecedented.

“Usually, in a TIP (Trafficking in Persons) case, the most important source of information is the victim,” she told the court. “In this case, we don’t have that.”

Drawing on extensive research and a recent article that she submitted as an authority, Swanepoel said that although South Africa has dealt with child trafficking before, those cases were very different. 

In the past, in three matters, undercover police operations intervened before any actual harm occurred. The children were never fully handed over to criminals.

But Joshlin’s situation is different.

“This is the first time we are dealing with a case where the child is truly gone,” Swanepoel emphasised. “That is why this case is so important, not only for justice for Joshlin but also for the development of our law.”

According to the State, the evidence shows that Joshlin was sold in a planned agreement between the accused parties. 

Swanepoel described this as “modern-day slavery”, the commodification of a human being for exploitation.

“A person is never supposed to be a commodity,” she argued. “It sounds bizarre to the reasonable person that a child could be sold. But sadly, that is the reality we are facing.”

Because South African law historically had no crime specifically criminalising the selling of a person, Swanepoel explained that legislation was introduced to close this gap, following international obligations like the Palermo Protocol.

Swanepoel broke down the elements of trafficking as set out in South African law under Section 4(1) of the Prevention and Combating of Trafficking in Persons Act (PACOTIP). She explained that trafficking requires three elements:

The act – what was done,

The means – how it was done, and

The purpose – exploitation.

However, when the victim is a child, as in Joshlin’s case, only two elements are required: the act and the purpose. The “means” such as force or coercion is not necessary to prove, because children are inherently vulnerable.

“Section 11 of our legislation removes the need to prove the means when a child is trafficked,” Swanepoel said, referring the court to previous cases she had prosecuted where this principle was upheld.

Swanepoel urged the court to recognise the gravity of the allegations.

“This is a very important case, not only because of Joshlin, but because it shapes how South Africa protects its most vulnerable.”

The trial continues.

mandilakhe.tshwete@inl.co.za

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