Kelly Smith, Jacquin Appollis, Steveno Van Rhyn Appeal Judge’s Rulings, NPA Waiting for Court Dates

• Kelly Smith, Jacquin Appollis and Steveno Van Rhyn are appealing their convictions and sentences
• The trio were sentenced to life behind bars for the human trafficking of Saldanha Bay youngster, Joslin Smith
• The National Prosecuting Authority is awaiting court dates from Judge Nathan Erasmus for the matter to be heard

Briefly News journalist Byron Pillay has dedicated a decade to reporting on the South African political landscape, crime, and social issues. He spent 10 years working for the Northern Natal Courier before transitioning to online journalism.

WESTERN CAPE - Kelly Smith, Jacquin Appollis and Steveno Van Rhyn are appealing their convictions and sentences.

The trio were convicted of the human trafficking and kidnapping of Joslin Smith and was sentenced to life imprisonment. Smith, Appollis and van Rhyn were arrested after the little Saldanha Bay girl went missing in February 2024.

National Prosecuting Authority is awaiting court dates

With the attorneys for the convicted trio filing their notices for leave to appeal their convictions and sentences, the National Prosecuting Authority (NPA) stated that it was waiting for dates from Judge Nathan Erasmus.

"We can confirm that we received notices from the defence to apply for leave to appeal. We acknowledge receipt of those and indicated that we are waiting for a date on the charge for a hearing on the applications for leave to appeal," NPA spokesperson Eric Ntabazalila said.

Judge will decide the strength of defence cases

Judge Erasmus, who convicted the trio and sentenced them to life behind bars on 29 May 2025, will hear their appeals.

If the judge feels as if they have a strong case and that another court could reach a different decision, he will grant them leave to appeal both decisions.

Smith and van Rhyn both indicated that they felt as if the wrong decision was made, and both accused Judge Erasmus of being biased. Van Rhyn maintained that he was innocent throughout the trial, while Smith accused the witnesses of lying and even stated that her lawyer was incompetent.

What you need to know about the Joslin Smith trial

• Lourencia Lombaard testified that a sangoma wanted Joslin for her eyes and skin.
• Advocate Rinesh Sivnarain accused Lombaard of being the mastermind behind Joslin’s disappearance.
• Appollis detailed how police allegedly tortured him while he was at the Sea Border offices.
• One of the defence lawyers alleged that police told van Rhyn and Appollis what to say in their statements.
• Judge Nathan Erasmus ruled that statements made by Appollis and van Rhyn may be admitted as evidence.
• Kelly and her two co-accused were found guilty of human trafficking and kidnapping.
• Kelly claimed that the witnesses lied, accused the court of being biased, and even said her lawyer was incompetent.

How to appeal a judge’s rulings in SA

When a court hands down a ruling, it isn’t necessarily the final word. There are several legal avenues available to challenge or change a court’s decision, each with its own rules and limitations.

An appeal questions whether the original decision was right or wrong based on the evidence and the legal principles applied. In Magistrate’s Court matters, an individual has an automatic right to appeal to the High Court. For decisions made in the High Court, an appeal can be launched by filing a notice of appeal with either the same court or the Supreme Court of Appeal, but this must be done within a strict timeframe. Before applying for leave to appeal, the party must first request written reasons for the judgment.

In some cases, a court order can be changed through a variation. If the error is clear and obvious—such as a clerical mistake—the court may correct it on its own, without any formal application. For other changes, an application must be brought before the same court that issued the original order. This route is typically used when all parties are aware of the order and need clarity or correction.

Smith, Appollis, van Rhyn sentenced to life imprisonment

Briefly News also reported that Smith, Appollis and van Rhyn were sentenced to life behind bars.

The trio were found guilty of human trafficking and kidnapping in the Joslin Smith trial.

Judge Nathan Erasmus stated that Smith, Appollis and van Rhyn showed no remorse.

Source: Briefly News