In a landmark judgment delivered on Thursday, Judge Nathan Erasmus sentenced Jacquen “Boeta” Appollis, Steveno van Rhyn, and Kelly Smith for their roles in the kidnapping and trafficking of six-year-old Joslin Smith. Smith disappeared on 19 February 2024 from the shack she shared with Smith, Appollis, and her siblings in the Middelpos area of Saldanha Bay. Her whereabouts remain unknown to this day.
The courtroom, situated in the Saldanha Bay multi-purpose centre where the trial had been ongoing for two months, erupted in emotional applause and cries of relief as Erasmus handed down life sentences to Van Rhyn and Smith. Appollis received a 10-year sentence. All three sentences are to run concurrently.
Erasmus emphasized the importance of delivering justice with care, stating that decisions of such gravity must be approached without anger but with a deep understanding of the harm caused. “This is the most difficult element in any trial,” he said.
Despite the defence’s plea for leniency and focus on rehabilitation, Judge Erasmus dismissed those arguments. He pointed out that the crime of kidnapping alone constituted serious emotional harm, even if physical abuse had not been proven. “There is no merit in such an argument. Depriving someone of liberty and movement cannot at least go without emotional harm,” he said, rebuking the claim that Joslin had not been harmed.
Erasmus went further, criticizing the defendants for deflecting blame and treating a child as a commodity. “You put the blame on others for treating your child like a commodity and selling her off,” he told the court. Notably, both Van Rhyn and Appollis are fathers themselves, with Appollis’ own daughter being only three years old at the time of Joslin’s disappearance.
The judge acknowledged the seriousness of the offence, stating that the statutory minimum sentences did not restrict the court from imposing harsher penalties when necessary. “I don’t need to stress the seriousness… kidnapping of a six-year-old, depriving her of freedom of movement and liberty,” Erasmus stated.
All three convicted individuals will be listed on the child protection register, further underscoring the severity of their crimes and the need to protect vulnerable children from similar harm in the future.
Special commendation was given to probation officer Errol Pietersen, whose detailed pre-sentencing reports were completed under tight time constraints. Erasmus praised Pietersen’s work as “one of the most comprehensive I have seen,” which helped inform the court’s final decision.
This verdict marks a significant moment in South Africa’s legal response to child trafficking, sending a strong message about accountability and the value of children’s lives.
As the search for Joslin continues, the community of Saldanha Bay holds onto hope, but now also sees justice taking its course — a bittersweet moment for a town shaken by loss but firm in its call for justice.