Judge Nathan Erasmus Denies Joslin Smith’s Kidnapping Conviction Appeal

• Kelly Smith, Jacquin Appollis, and Steveno van Rhyn will remain in prison to serve out their life sentences
• This was after the trio's leave to appeal their life sentences for the kidnapping and trafficking of Kelly's daughter, Jacquin
• South Africans were ecstatic, but many called on them to reveal the whereabouts of Joslin, who has been missing for over a year

With 10 years’ experience, Tebogo Mokwena, a current affairs writer for Briefly News, provided insights into the criminal justice system, crime statistics, and high-profile cases in South Africa at Daily Sun.

CAPE TOWN, WESTERN CAPE — Judge Nathan Erasmus rejected Kelly Smith, Jacquin Appollis, and Steveno Van Rhyn's life sentences appeal at the Western Cape High Court in Cape Town, Western Cape, on 13 August 2025.

The trio appeared before the court to appeal the life sentences they were given for the kidnapping and human trafficking of Joslin, Kelly Smith. Erasmus ruled that there was no compelling reason why the appeal should be granted.

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Erasmus said that it was clear that it can never be said that a sentence of life imprisonment for the human trafficking of Joslin, where those who were found guilty showed no remorse, would be shockingly inappropriate. He said the court made factual findings, drew inferences from circumstantial evidence, and had the benefit of observing the witnesses.

"There is nothing indicated to me, in my view, that would indicate that there is a reasonable prospect of success on appeal," he said.

A look at Joslin Smith's trial

Joslin Smith's trial began in March 2025, a year after she was reported missing from her Middlepos Infirmal Settlement home in Saldanha Bay on 19 February 2024. Kelly, who denied involvement in Joslin's kidnapping, was arrested a month later. Applis, her boyfriend, and Van Rhyn, their associate, were arrested as well. Lourentia Loimbaard, who turned witness, was also arrested.

During the trial, the court heard that Joslin, Appollis, and Vab Rhyn planned to and sold Joslin to a sangoma for R20,000. The court also heard testimony from Kelly's mother, her sister, and her former employee. Kelly reportedly had a drug problem and was also violent towards her mother.

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Judge Nathan Erasmus accused of bias, defence advocate criticises his conduct and facial expressions

A trial-within-a-trial was held after Van Rhyn and Appollis alleged that their confessions were forced from them. Their confessions were ruled as voluntary, and they refused to testify. All three were found guilty, and they were sentenced to life imprisonment.

What you need to know about the Joslin Smith trial

• Advocates Zelda Swanepoel and Aradhana Heeramun were hopeful that Joslin Smith would be found safe and sound
• Swanepoel opened up about her experience of prosecuting the three convicted of Joslin's disappearance
• The Western Cape police followed up on new leads in the search for Joslin Smith in July and searched drains in the area
• The CEO of the Western Cape Missing Persons Unit slammed the South African Police Service and accused it of allegedly mistreating a Joslin Smith witness
• Lourentia Lombaard's lawyer argued that she should be granted full immunity for her testimony, which he said helped the courts secure the convictions

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New charges added to the sheet of Eldorado Park man accused of killing his 4 year-old daughter

Defense advocate accuses Nathan Erasmus of bias

In a related article, Briefly News reported that advocate Nobahle Mkabayi, who represents Van Rhyn, accused Erasmus of bias. She spoke during her client's application to appeal his life sentence.

Mkabayi said that Erasmus was rude and dismissive of the evidence and even threatened Van Rhyn. Mkayabi also accused Erasmus of making facial expressions that were unfavourable toward Van Rhyn.

Source: Briefly News