Saldanha Bay – Police have taken in a woman for questioning about the torching of the home of Racquel Chantel “Kelly” Smith, soon after she was found guilty of kidnapping and trafficking her then-six-year-old daughter, Joshlin.
The house was set alight on Friday, (2 May 2025), soon after the Western Cape High Court, sitting at the Saldanha Bay Multi-purpose Centre, found Smith, her boyfriend, Jacquen Appollis, and Steveno van Rhyn guilty of kidnapping and trafficking the child.
Saldanha Bay Mayor Andre Truter confirmed to the SABC that the house where Joshlin was last seen had been burnt down.
Police said they were investigating a case of arson, and a woman was being questioned regarding the matter.
“We can confirm that Saldanha SAPS registered an arson case for investigation after Kelly Smith’s Middelpos dwelling was destroyed by a fire,” said police spokesperson, Lieutenant-Colonel Malcolm Pojie.
“An adult female had been taken in for questioning.”
Meanwhile, the National Prosecuting Authority (NPA) said it “welcomed” the conviction of the trio – Smith, Appollis, and Van Rhyn for trafficking in persons for purposes of exploitation and kidnapping.
Joshlin, who has two siblings, went missing on 19 February 2024, and subsequent investigations led to the arrest of the trio.
Commenting on the details of the case, NPA Spokesperson Eric Ntabazalila said the court found that Joshlin was sold for slavery or practices similar to slavery, following an agreement reached among the accused.
The NPA prosecution team, led by Deputy Director of Public Prosecutions in the Western Cape, Advocate Zelda Swanepoel, and assisted by Senior State Advocate Aradhana Heeramun, successfully prosecuted the case.
The two seasoned prosecutors argued that this was a test case of utmost jurisprudential importance.
The case was the first prosecution where the victim, in this case, a child, had been sold and was still not found.
In three other unreported decisions, the victims were found unharmed.
“The prosecution called 32 witnesses during the eight-week marathon trial,” Ntabazalila said.
The prosecutors argued that the three accused, including the victim’s mother, Kelly, devised a plan to sell Joshlin for their benefit.
The court heard that Van Rhyn was promised R1 200 and Lombaard was to receive R1 000, and the rest of the money would be shared between Appollis and Smith.
Lombaard and Van Rhyn were to be paid for their silence, they further argued that the child was sold and delivered to the intended buyer for the purpose of exploitation for slavery or practices like slavery.
The prosecutors submitted detailed Heads of Argument, referring to 12 legal authorities, an electronic PowerPoint presentation that included a timeline of all the evidence, and a mind map indicating all the corroborative evidence for the section 204 witness.
They made strong and compelling arguments in support of a conviction.
Judge Nathan Erasmus agreed with the State’s arguments and ruled that the State proved its case beyond a reasonable doubt against all accused.
Western Cape Director of Public Prosecutions, Advocate Nicolette Bell, applauded the collaborative work of the prosecution and investigation team, which led to the successful prosecution of the accused.
“This case saw the largest number of resources put together from the police, the City of Cape Town, the Navy, and the community of Saldanha in the search for Joshlin Smith,” she said.
“The National Prosecuting Authority salutes those who were involved in these efforts, and I want to appeal to them that our responsibility is not over as long as Joshlin Smith remains missing.”
Ntabazalila said the matter is postponed provisionally to 9 May 2025 in the Cape Town High Court.
“Thereafter, the sentencing proceedings will follow at Saldanha Bay,” he said.
