Judge Nathan Erasmus Denies Joslin Smith’s Kidnapping Conviction Appeal

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.

Judge Nathan Erasmus denied kelly Smith, Jacquin Appollis and Steveno Van Rhyn's application to appeal their sentences
The trio who were sentenced to life for Joslin Smith's disappearance will remain behind bars. Images: Brenton Geach and Jaco Marais/Die Burger/Gallo Images via Getty Images
Source: Getty Images

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.

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"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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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

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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

Authors:
Tebogo Mokwena avatar

Tebogo Mokwena (Current Affairs editor) Tebogo Mokwena is the Deputy Head of the Current Affairs desk and a current affairs writer at Briefly News. With a Diploma in Journalism from ALISON, he has a strong background in digital journalism, having completed training with the Google News Initiative. He began his career as a journalist at Daily Sun, where he worked for four years before becoming a sub-editor and journalist at Capricorn Post. He then joined Vutivi Business News in 2020 before moving to Briefly News in 2023.