The judge also granted key witness Laurentia Lombaard indemnity from prosecution.
The National Prosecuting Authority (NPA) said it will oppose any further appeals by the three convicted people in the Joshlin Smith case should they take their case to the Supreme Court of Appeal (SCA).
On Wednesday afternoon, the Western Cape High Court in Cape Town delivered its judgment on the leave to appeal applications after hearing submissions from both the state and the defence.
Joshlin’s mother, Racquel “Kelly” Smith, together with Jacquen “Boeta” Appollis and Van Rhyn, had sought to appeal their convictions and sentences.
The trio had been sentenced to life imprisonment for human trafficking, along with an additional 10 years for kidnapping, in connection with Joshlin’s disappearance.
The young girl went missing from her family’s home in Saldanha Bay on 19 February 2024.
It is alleged that the child was sold for R20 000.
Appeal judgment in Joshlin Smith case
Judge Nathan Erasmus dismissed the appeal, finding no reasonable prospect of success.
“There is no compelling reason why the appeal should be granted.
“It is rather pegged on whether there is a reasonable prospect of success,” the judge said.
He explained that the court had made factual findings, drawn inferences from circumstantial evidence, and had the advantage of observing witnesses directly, which informed credibility assessments.
“It is clear that it can never be said that a sentence of life imprisonment, in particular on count one, on the human trafficking of a child, where life imprisonment is imposed, where persons have shown no remorse, would be shockingly inappropriate.
“We for that reason leave on the sentence should be refused,” Erasmus remarked.
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In addition, the judge granted key witness Laurentia Lombaard indemnity from prosecution.
Lombaard, initially an accused in the case, later became a Section 204 witness, providing crucial testimony that helped secure the convictions against Smith, Appollis and Van Rhyn.
Erasmus emphasised that he could not ignore the witness’s personal circumstances such as her drug addiction, as well as the fact that she had no previous convictions.
Therefore, her reluctance to be truthful from the outset should not, the judge said, “carry that much weight”.
He further stated that although Lombaard was aware arrangements had been made to sell Joshlin and she remained silent, this was not an offence.
“Over and above that, you played no active role in either the trafficking and kidnapping of Joshlin Smith.”
NPA reacts
Speaking to the media outside the court, Western Cape NPA spokesperson Eric Ntabazalila said the state was satisfied with the outcome of the proceedings.
Ntabazalila indicated that the state had not yet been told whether the defence intended to appeal the latest judgment.
“We will go to the SCA and still oppose their decision to appeal. We believe there is no other court that can come to a different conclusion than what this court has taken.
“So even if they go to the SCA, we will go there and argue the same,” he said on Wednesday.
He also confirmed that key witness Laurentia Lombaard remained under witness protection.
“We cannot talk about that programme, but there will be a process which will unfold.
“In this case, she is not going to be prosecuted; she is indemnified. She has got immunity from prosecution, so she’s free.”
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