NPA WELCOMES CONVICTION AND SENTENCING IN GROUNDBREAKING CASE OF TRAFFICKING IN PERSONS AND KIDNAPPING
29 MAY 2025
NPA WELCOMES CONVICTION AND SENTENCING IN GROUNDBREAKING CASE OF TRAFFICKING IN PERSONS AND KIDNAPPING
The National Prosecuting Authority welcomes the sentencing of Jacquen Appollis, Steveno Dumaizio van Rhyn and Racquel Chantel Smith in this groundbreaking case in South Africa, where the accused are convicted and sentenced for trafficking in persons for the purpose of exploitation and kidnapping of a child victim who has been sold but has still not been found.
In three other unreported decisions where the accused persons were convicted of a contravention of Section 4(1) of Act 7 of 2013 for having sold child victims, the victims were always unharmed in that the transactions were always concluded as undercover or trap operations in terms of section 252A of Criminal Procedure Act 51 of 1977.
The High Court of South Africa: Western Cape Division sentenced Appollis, Van Rhyn and Smith to life imprisonment after the State argued that even if the court had sympathy, especially for Ms Smith, there was nothing that compelled it to deviate from the prescribed minimum sentence, and life imprisonment was the only appropriate sentence.
Judge Nathan Erasmus concurred and sentenced the accused following the State’s convincing arguments, which were accompanied by cited case law, including
sections of the Prevention and Combating of Trafficking in Persons Act 7 of 2013 (hereinafter referred to as PACOTIP). Judge Erasmus ordered the names of the accused to be entered into the National Child Protection Register, which will prohibit them from ever working with children. The court further ordered the Minister of Social Development to report to the Office of the Chief Justice on progress made to ensure the department adheres to the court order.
Appollis, Van Rhyn and Smith were convicted following an eight-week-long trial and two days of evidence and arguments in mitigation and aggravation of sentence.
Leading the State’s arguments in aggravation of sentence, Western Cape Deputy Director of Public Prosecutions Adv Zelda Swanepoel urged the court to consider the fourth element, the impact of the crime on the victim and the people around the victim, when considering sentence. She argued that there was enough case law which urged the courts to consider victim impact statements when deciding on a sentence, particularly in a case like this one. She argued that this was a case of new things. It is time to include that fourth factor, especially in this instance, as Joshlin’s whereabouts are still unknown.
She expressed shock that the absence of Joshlin in court, the absence of her version of what happened to her, and that she has not physically testified about what happened to her, is a mitigating factor. On the contrary, she argued that it was an aggravating factor par excellence. We do not have her, we do not know where she is, but that is why the State has provided evidence to give her a voice, as she is not in court.
Adv Swanepoel added that the community of Saldanha, Langebaan, South Africa, were not the only victims. The international community was looking at the case, asking where she (Joshlin) was, why the accused were not coming forward to say what had happened to her and take the court into its confidence.
Before the arguments, Senior State Adv Aradhana Heeramun led Court Preparation Officer Deonett Boltney in reading the Victim Impact Statements, where Smith’s mother and others expressed how the case has impacted them.
During the trial, the State argued that the three accused were part of an elaborate plan to sell Joshlin and that they sold her for their benefit. Van Rhyn was promised R1 200, and State witness Laurentia Lombaard was to receive R1 000, and the rest of the money would be shared between Appollis and Smith. Lombaard and Van Rhyn were to be paid for their silence, as they all agreed that Kelly was the one who would report her daughter as missing. Joshlin was sold, delivered to the intended buyer, and the purpose of her being sold was for the purpose of exploitation, namely for slavery or practices similar to slavery.
Western Cape Director of Public Prosecutions, Adv. Nicolette Bell endorsed the prosecution team’s call for the courts to reconsider adding the impact of the crime on the victim and those surrounding the victim. She argued that at present, courts consider the crime that has been committed, the personal circumstances of the accused and the interests of society. Cases like this call for new considerations, and this case sends a strong message that the rights of children are of paramount importance, especially as the country is commemorating Child Protection Week. We hope that these sentences will serve as a deterrent to other perpetrators and instil a sense of hope and public confidence.
Issued by:
Eric Ntabazalila
National Prosecuting Authority
Regional Communications Manager – Western Cape
Tel: (021) 487 7308
Mobile: 073 062 1222