Verdict in Joshlin Smith case raises more questions than answers

THE CONVICTION of Joshlin Smith’s mother, Kelly and her co-accused boyfriend Jacquen "Boeta" Appollis, and their friend Steveno "Steffie" van Rhyn for trafficking in persons for the purpose of exploitation and kidnapping is a bittersweet outcome, say child rights activists.

Questions still remain about the child’s well-being, status and whereabouts, said Teddy Bear Foundation clinical director, Dr Shaheda Omar.

Western Cape High Court judge Nathan Erasmus found that the six-year-old had been sold for slavery or practices similar to slavery, following an agreement reached among Smith, Appollis and Van Rhyn.

The prosecution called 32 witnesses during the eight-week trial. The prosecutors argued that the three had planned to sell Joshlin. Van Rhyn and Lourentia Lombaard, who turned State witness, were promised their share, while the rest of the money would be shared between Appollis and Smith. 

Reacting to Friday’s verdict, Omar said they were not optimistic about the conditions in which Joshlin might be living – or even if she was alive.

“These cases are very complex. I keep asking, 'Who is responsible?', but the painful truth is that the answer is both everybody and nobody. Joshlin’s mother had a partner. She came from what appeared to be a nuclear family, but she was sadly not a fit mother.

"She had a known history of substance abuse, was on antidepressants, and was mentally unstable. It was evident that the children were at risk. The school had a role to play, but so did the health-care system, which also failed. Given the mother’s health status, she needed additional support and consistent monitoring.

"Then there’s law enforcement. We all know that the first 24 hours in a missing child case are critical, but there were delays. This reflects failures on the micro, meso, and macro levels.

"And beyond that, we must also consider the ongoing protection of Joshlin’s siblings. What is the trajectory of their lives now, having been exposed to this trauma? They’re dealing not only with loss, but with humiliation, shame, and stigma. There’s a real risk that they’ll internalise it all." 

Tensions boiled over among the community following the convictions on Friday and Kelly’s home was torched that evening. Police spokesperson Malcolm Pojie said a woman had been taken in for questioning over the torching of the shack.

Child rights organisation Molo Songololo director Patric Solomons said the verdict was “much anticipated and yet surprising”.

“It is not often that we have a successful prosecution when there is no hard evidence that a criminal offence was committed. Testimonies presented in court indicate that the child was sold for R20,000, to whom it is not clear ... the person or persons who bought the child was not identified, and Joshlin remains missing.

"We do not know if she is alive or not. Thus, the verdict brings no conclusion, only presents more questions, uncertainty, and fuels the disinformation on social media.

"This case suggests that multiple people were involved in the disappearance of Joshlin. However, three were charged and found guilty. It is unclear why the accused did not testify; they usually do.” 

Solomons said the case indicated the many challenges and difficulties that can be encountered with the reporting, searching, investigating, charging and prosecution of cases related to missing children, sale of children, kidnapping, abductions and trafficking in children.

“The accused's statements to police were not reliable ... Thus, the challenges of piecing information together are usually difficult. Investigation teams must be skilled, experienced, trained and motivated with enough resources. Prosecution teams must know and understand the laws and make sure the evidence and witnesses are reliable and the full extent of the law gets applied.

"We are having more and more investigations and prosecutions of human trafficking cases. The search for Joshlin must continue, the investigations must be continued, and new prosecutions led if necessary.”

* Additional reporting by Mandilakhe Tshwete.