NPA WELCOMES THE DISMISSAL OF APPLICATION FOR LEAVE TO APPEAL CONVICTION AND SENTENCE IN JOSSLIN SMITH CASE

14 AUGUST 2025

NPA WELCOMES THE DISMISSAL OF APPLICATION FOR LEAVE TO APPEAL CONVICTION AND SENTENCE IN JOSSLIN SMITH CASE

The National Prosecuting Authority welcomes the decision of the high court to dismiss the application for leave to appeal the conviction and sentence of Rowhan Appollis, Steveno Dumaizio van Rhyn and Racquel Chantel Smith.

The prosecuting authority also welcomes decision of the court to grant Lourentia Lombaard indemnity from prosecution following her testimony in the groundbreaking prosecution case of trafficking in persons for the purpose of exploitation and kidnapping of a child victim who has been sold but has still not been found.

Appollis, Van Rhyn and Smith are serving life imprisonment following their conviction for trafficking in persons for the purpose of exploitation and kidnapping of Joshlin Smith. During the two-day application for leave to appeal both their conviction and sentence, Appollis, Van Rhyn and Smith argued various points which included that the court erred in convicting them while the State failed to prove its case beyond reasonable doubt, there were two versions of what happened to Joshlin Smith on the day of her disappearance and that the sentence was inappropriate. They argued that a different court may come to a different conclusion and urged Judge Nathan Erasmus to grant them application for leave to appeal.

The State successfully countered these points arguing that no compelling reasons were provided by the applicants in their application and that there were no reasonable prospects of success in their application. It further argued that no other court could come to a different conclusion for both the conviction and the sentence. The court agreed with the State’s arguments and denied them the application for leave to appeal.

On the Section 204 witness enquiry, legal representatives of the accused argued that Lombaard did not testify truthfully and misled the court. They argued that there were contradictions and inconsistencies in her evidence and that her testimony was of such poor quality that it should be rejected. Again, the State successfully countered that by arguing that Lombaard answered frankly and honestly to all questions posed by the court and all parties as is required for indemnity from prosecution according to Section 204 of the Criminal Procedure Act 51 of 1977.

The State agreed with the court that she did not actively participate in the execution of the crimes for which Appollis, Van Rhyn and Smith were convicted of and sentenced. At most she made herself an accessory after the fact as she became aware of the planned crime, kept quiet as was agreed between all of them and covered up the crime in expectation of the financial benefit. It was emphasised that there was a need to offer her indemnity from prosecution to secure evidence for the prosecution especially against accused three who was the master mind behind it all.

Western Cape Director of Public Prosecutions, Adv. Nicolette Bell, applauded the prosecution team for the successful and convincing arguments which ensured that the accused were denied the application for leave to appeal their conviction and sentence.

Issued by:

Eric Ntabazalila

National Prosecuting Authority

Regional Communications Manager – Western Cape

Tel: (021) 487 7308

Mobile: 073 062 1222