Judge Nathan Erasmus Accused of Bias, Defence Advocate Criticises His Conduct and Facial Expressions
- Defence advocate Nobahle Mkabayi has accused Judge Nathan Erasmus of bias in the Joslin Smith trial
- The advocate for Steveno van Rhyn took issue with the judge's conduct and his facial expressions
- Judge Erasmus will decide whether to grant a leave of appeal and on Lourencia Lombaard's freedom
Source: Getty Images
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 – Allegations of judicial bias have been levelled against Judge Nathan Erasmus in the ongoing Joslin Smith trial.
Defence advocate Nobahle Mkabayi, who is defending Steveno van Rhyn in the matter, has claimed that the judge was rude, dismissive of the defence’s evidence, and even threatened her client.
Mkabayi also accused him of being biased towards the State, as well as taking issue with his facial expressions.
PAY ATTENTION: stay informed and follow us on Google News!
What did Mkabayi say?
On Tuesday, 12 August 2025 and Wednesday, 13 August, Mkabayi made submissions about why her client should be granted leave to appeal. Van Rhyn, Racquel ‘Kelly’ Smith, and Jacquin ‘Boeta’ Appollis have all appealed Erasmus’ rulings. Erasmus found the trio guilty of human trafficking and kidnapping in the trial into the disappearance of the Saldanha Bay girl, handing down a life sentence to them.
Mkabayi believes that another court would handle the matter better, saying that Erasmus showed bias towards the State.
She also argued that he threatened van Rhyn by saying that the State would make a field day out of him, and took issue with him stating that her client was a bad witness, arguing that Lourencia Lombaard was worse. Erasmus described her argument as nonsensical.
Mkabayi claims Erasmus allowed hearsay evidence
The defence lawyer also took issue with certain evidence being allowed, claiming it was hearsay. She used an example of one witness testifying that someone told him that he would not recognise the area in a year because something big was going to happen.
Erasmus pointed out that the witness testified that he was told that by Kelly, accused number three in the case, and thus it could not be hearsay evidence. He joked that he was learning something new about the law during the trial, as some of Mkabayi’s assertions were stuff he’d never heard of before.
Mkabayi also takes issue with Erasmus’ facial expressions
In a moment that left the presiding officer speechless, Mkabayi also took issue with the judge’s face. In one of her submissions, she admitted that she raised the issue because of his facial expression. The statement took the judge by surprise, as he asked how the Supreme Court of Appeal was going to see his facial expression.
“From your facial expression, my Lord, I could see that you were angry. That face, that face alone, will change an environment to be hostile,” she argued.
The statement drew laughter from the gallery and Erasmus, as they could not believe what they heard.
Erasmus has urged Mkabayi to report his conduct if she had any issues, saying that he would be more than happy to defend himself. The matter continues in the Western Cape High Court, as the State has to argue against the applications for leave to appeal.
Source: Getty Images
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.
Lourencia Lombaard's lawyer argues for her freedom
Briefly News reported that Lourencia Lombaard's lawyer argued that she should be granted immunity.
Lombard turned State witness in the Joslin Smith trial, testifying against Smith, Appollis and van Rhyn.
Advocate Eben van Tonder argued that his client's testimony led to the convictions of the trio.
PAY ATTENTION: Follow Briefly News on Twitter and never miss the hottest topics! Find us at @brieflyza!
Source: Briefly News
