The state prosecutor in the high-profile Joshlin Smith trial has described the case as unprecedented in South African legal history, citing the unique set of circumstances surrounding the child’s disappearance.
Delivering closing arguments at the Western Cape High Court sitting in Saldanha Bay, Advocate Zelda Swanepoel stated that the case is without legal precedent in the country. Smith’s mother, Kelly Smith, along with Jacquen Appollis and Steveno van Rhyn, are facing charges relating to the alleged kidnapping and human trafficking of six-year-old Joshlin, who vanished from her Middelpos home in Saldanha Bay in February 2024.
Swanepoel highlighted the complexity of the case, noting that the child remains missing, making it impossible to establish the intended motive—whether for sexual exploitation, forced labour, or otherwise.
“In this instance, we have a child who is entirely dependent on her parents and caregivers. If that child is commodified and sold, we are effectively transferring total control of a vulnerable six-year-old to another person,” said Swanepoel.
She emphasised the gravity of the charges, particularly given Joshlin’s age, and reiterated the devastating implications of removing a child from their primary caregivers.
The trial continues as the court prepares to consider the closing arguments from the defence.