Jacquen 'Boeta' Appollis, Steveno van Rhyn, and Joshlin's mother, Kelly Smith.
Image: Ayanda Ndamane / Independent Newspapers
The State has argued that the disappearance of six-year-old Joshlin Smith was the result of a deliberate and premeditated plan to sell her for R20,000 — a claim it contends is supported by consistent witness statements and corroborating evidence.
On Tuesday morning at the Western Cape High Court, senior prosecutor Advocate Zelda Swanepoel delivered a detailed breakdown of how testimony from Lourentia “Renz” Lombaard under Section 204 is corroborated by the accused — Racquel “Kelly” Smith, her boyfriend, Jacquen “Boeta” Appollis, and their friend, Steveno “Steffie” van Rhyn — as the State seeks to establish the reliability of her account.
Lombaard, who testified under indemnity in exchange for her cooperation with the State, claimed that on February 18, 2024, Joshlin’s mother, Kelly, told her she had received R20,000 from a woman believed to be a sangoma and had “sold” Joshlin. Lombaard alleged that both Boeta and Steveno were present at the time and agreed to accept a share of the money.
According to the State, Boeta confirmed in a police statement that the conversation took place. Prosecutors argued that this formed the backbone of a joint plan to dispose of the child — not a spontaneous event, but rather a transaction.
The State also relied on the testimony of Paulina Tosha, who said she witnessed an argument between Kelly and Boeta on the evening of February 18. During the altercation, Kelly allegedly dragged Joshlin into the house — a moment Lombaard also recalled in her testimony.
On the day of Joshlin’s disappearance, February 19, Lombaard said Kelly left the house earlier than usual. This was corroborated by both Boeta and community member Carlyn Zeegers. Later that afternoon, Joshlin was allegedly handed over to a woman dressed in green traditional clothing who arrived in a white VW Polo — a detail Boeta also confirmed in his police statement on February 25.
Another key moment, according to the State, was Lombaard’s claim that Kelly instructed her to have Joshlin “ready” at 2 p.m. Zeegers confirmed seeing Kelly leaving home shortly before that time, further supporting this part of the account.
Prosecutors also highlighted inconsistencies in Kelly’s statements following the disappearance. On February 25, she allegedly told police that Joshlin was “no longer in Saldanha.” The next day, however, she reportedly told her sister, Mikayla Daniels, that the child was still in the area, but that “things were too heated.”
The State argued that these contradictions support the veracity of Lombaard’s testimony and indicate a post-factum effort to conceal the crime.
Further corroboration, prosecutors said, came from admissions by the accused that they smoked mandrax on the morning of February 19, and from SAPS officers who confirmed a late-night police visit to Lombaard’s residence that same evening — another event Lombaard had detailed.
In closing this leg of their case, the prosecution stated that the network of confirmations surrounding Lombaard’s testimony bolsters its reliability under the cautionary rule for accomplice evidence and strengthens the case for a planned and deliberate disappearance.
Arguments continue at the White City Multipurpose Centre in Diazville.
Cape Argus