Media Statement

Justice and Constitutional Development Minister Kubayi welcomes the life sentencing in the Joshlin Smith case

29 May 2025

Minister of Justice and Constitutional Development, Mmamoloko Kubayi, has welcomed the life sentences handed down today by the Western Cape High Court to Kelly Smith, Jacquen Appollis, and Steveno van Rhyn for the kidnapping and trafficking of six-year-old Joshlin Smith from Saldanha Bay.

Joshlin disappeared in February 2024, and her story has haunted families and communities across South Africa ever since. The heart breaking reality that her own mother, Kelly Smith, alongside her partner Jacquen Appollis and friend Steveno van Rhyn, sold her for R20,000 has shocked the nation and left a deep and painful wound in our collective conscience.

Presiding over the case, Judge Nathan Erasmus delivered a powerful judgment, sentencing all three to life imprisonment. He noted the absence of any remorse from the accused and found no mitigating factors in their favour.

Minister Kubayi said the ruling brings a measure of justice in what has been one of the most distressing and emotionally charged cases in recent memory.

“Our hearts remain heavy for Joshlin and for every child who suffers harm,” said Minister Kubayi.

“No court ruling can undo the trauma or return what was lost. But today’s sentence sends a strong and clear message that those who violate the innocence and trust of our children will face the full consequences of the law.”

The Minister added that the sentencing carries even greater significance as it takes place during National Child Protection Week, a time when the country reflects on the importance of safeguarding the rights and dignity of all children.

The week is rooted in South Africa’s Constitution and the Children’s Act, and it serves as a call to action for every South African to protect and care for our young ones.

“During this week, we are reminded that the safety and wellbeing of children is not only a legal obligation but a moral duty we all share,” said the Minister.

“This judgment, handed down now, strengthens our resolve to stand up for our children and to never accept silence or complicity in the face of their suffering.”, further said the Minister.

Minister Kubayi extended her deepest sympathy to Joshlin’s grandmothers, Amanda Daniels-Smith and Rita Yon, who continue to live with the unimaginable pain of her disappearance.

“Even as justice takes its course, the family remains without the one thing they need most, answers. My thoughts are with them, and I pray that they will one day find peace, healing, and closure.”

Minister Kubayi also expressed her gratitude to the judiciary, the National Prosecuting Authority, and law enforcement agencies for their tireless work in bringing this case to a conclusion and said that their dedication has ensured that justice has not only been served, but seen to be served.

Media enquiries:
Terrence Manase, Spokesperson to the Minister – 082 338 6707

ISSUED BY THE DEPARTMENT OF JUSTICE AND CONSTITUTIONAL DEVELOPMENT OF THE REPUBLIC OF SOUTH AFRICA