Latest news with #PreventionandCombatingofTraffickinginPersonsAct
The Star
19-06-2025
- The Star
Insights from the Joshlin Smith case: A prosecutor's perspective on human trafficking
Robin-Lee Francke | Updated 6 hours ago Nearly a month after three people were sentenced for trafficking Joshlin Smith from Saldanha, the case remains a hot topic. While questions still surround the whereabouts of the green-eyed girl who captured the hearts of the nation, the State Prosecutor during the trial, Advocate Zelda Swanepoel, spoke about her perspective on the case. On May 29, Jacquen 'Boeta' Appollis, Steveno van Rhyn and Kelly Smith were sentenced to life imprisonment plus 10 years for trafficking in persons and kidnapping. Speaking on Thursday, Swanepoel said the moment she heard about the Joshlin case, she knew this was going to be difficult, as we (South Africa) had no precedent for a case of this kind. Limited evidence, a deluge of rumours, the ongoing investigation, criticism against the section 204 (State witness - former accused Laurenia Lombaard) witness, the need for corroboration, the reality that many witnesses suffer from drug addiction, and more were the challenges she knew they would face during the trial. 'We knew from the start. We were aware of conflicting versions. We foresaw this,' she said. The strategy was to rely on their most important witness, Lombaard, as well as Steven Coetzee. He testified that Kelly expressed she would be selling her children and how, by the next year (2024), Saldanha would look like a Netflix movie with cars, police, etc, alluding to how the area looked after Joshlin was reported missing on February 19, 2024. The State told the story from the beginning, from when two officers responded to the call of a missing child and presented their evidence in chronological order. 'We set the scene to prove that Joshlin was indeed missing,' Swanepoel said. 'Although we had to be innovative and adjust our strategy, we stuck to the initial plan for most of the trial. I usually draw up an action plan for a trial." She also expressed her disappointment that the convicted traffickers, especially Kelly, did not testify during the trial. She said in South Africa, there is no offence called human trafficking, and they realised there were gaps, but then decided to take this matter on trafficking in persons, whereby the person becomes the commodity, objectifying the person for the person for exploitation. This would fall within the Prevention and Combating of Trafficking in Persons Act (PACOTIP). Swanepoel said the most challenging matter in this case was the media presence. 'I felt like I was under a microscope all the time. My facial expressions, everything was out there,' she explained. She also explained that getting witnesses ready, knowing there was so much media attention. Witnesses also had nowhere to hide as everyone would be watching as they delivered their evidence. 'This case was extremely difficult and emotionally draining. We went on a rollercoaster ride of emotions all the time. It was extremely exhausting; we also had to drive in every day from Cape Town to Saldanha, bringing the law to the people. We were constantly working. Adapting to the trial plan. Behind the scenes, I was transcribing, which is tiring, documents had to be translated,' Swanepoel said. She said they also had to adjust to the tempo of the trial as the court sat full days, full weeks. 'The trial was 40 court days, which is a miracle. But, this means everybody adapted and cooperated,' Swanepoel said. She said the other challenges faced were from some critics, the political party's involvement, with criticism levelled throughout the trial. As well as the criticism expressed on social media. 'It is important to respect the role of law enforcement. It is also important to remember, we are all human,' she said. Swanepoel said the success was the landmark ruling in this case. This is the first time a conviction has been handed down for a trafficking in persons case where the child is sold and has not yet been found. 'The court found the specific exploitation in the form of slavery,' she said. This case was also filled with many firsts for her as a prosecutor. 'Doing a PowerPoint presentation whereby we illustrated a timeline of the events. We also produced an electronic mind map that illustrated different arguments. I have never used this for court. It worked, and the court incorporated some of our timeline in the judgment. ' Swanepoel said. She also praised the media's involvement. 'Because of the media, justice was brought to the people. I would like to say thank you for all their dedication every day. Throughout the process, they treated everyone with respect,' Swanepoel said. She further thanked Shakira Ganief, known on TikTok as Shakes Warrior for her assistance in getting video clips, and her selflessness in searching for Joshlin and her involvement in the case. Swanepoel also explained it was the first time in the country a Court Preparation Officer read out victim impact statements and further thanked everyone for their statements, especially Natasha Andrews for her heartfelt and personal video of Joshlin, which was played in court. 'This was a team effort. Several civil society organisations, community members were involved. The community really supported us throughout the trial. Always encouraging us, and it was so appreciated. A special thank you to the group of women who prayed every day at court, and the bouquets of flowers we received. I have been a prosecutor for over 30 years, and it is the first time I ever received flowers on a day of judgment,' Swanepoel said. When asked if she believed Joshlin was still alive, Swanepoel said: 'I cling to the hope. I am convinced she was not killed in Saldanha Bay or the surrounding areas. Where she is, I do not know. I can only hope we find her,' Swanepoel said. Speaking on her feelings before judgment and sentencing were handed down, Swanepoel said: 'We did not know how it would go. We were hopeful. The judge was firm. We hoped. We prayed. We all want justice. To me, I always do everything with prayer'. Swanepoel said they were relieved when things went in their favour and believes the sentence handed down was fair. [email protected] IOL
Daily Maverick
16-06-2025
- Daily Maverick
Two men arrested for smuggling 10 children into SA from Lesotho after tipoff
The Eastern Cape Police confirmed on Monday that they had arrested two Lesotho nationals after they were caught smuggling ten children, some as young as four, into South Africa (SA). The suspects are due to appear in court on Tuesday, 17 June. The police in Matatiele arrested two male suspects (aged 40 and 20) on Saturday for human trafficking and illegal immigration involving 10 children. The arrests followed a swift response to a tipoff received by the police about an adult male with 10 children who was seen near a fuel station in Matatiele. Brigadier Nobuntu Gantana said that when confronted by the police, the 40-year-old suspect — a Lesotho national without valid documentation — claimed he was transporting the children to their mothers in Pietermaritzburg. 'However, the children contradicted this, stating they did not know the man, and that he had taken them from Qacha's Nek, Lesotho, under false pretences of reuniting them with their mothers. They confirmed illegal entry into South Africa via an unofficial crossing near Paqama,' she said. She added that the children were between the ages of four and 14. Qacha's Nek, about 35km from Matatiele, is the closest legal border crossing between SA and Lesotho. But the Paqama Crossing is a well-known illegal crossing point into SA, and is close by. 'Cases of Human Trafficking (Prevention and Combating of Trafficking in Persons Act) and Illegal Immigration (Immigration Act) were registered. Both suspects are in custody and will appear before the Matatiele Magistrate's Court soon,' Gantana added. Children in 'safe location' She added that the 10 children had been placed in a safe location by the Department of Social Development and are receiving care. 'The investigation continues to uncover the full extent of the trafficking operation,' she said. Acting Provincial Commissioner, Major General Thandiswa Kupiso, commended the vigilant person who tipped off the police. 'This intervention potentially saved these children from further harm,' he said. Matatiele recently made headlines when a seven-year old, nicknamed Cwecwe, was brutally raped in the town. The attack on Cwecwe and the subsequent outcry when nobody was arrested led to protests countrywide calling for justice for the young child. Raymond Mayekisa, representing a child protection NGO in Matatiele, said it looked like all the children were from Lesotho, but indicated that they would help where they could to reunite them with their families. The US Department of State's annual report into the fight against human trafficking last year stated that the country 'does not fully meet the minimum standards for eliminating trafficking, but is making significant efforts to do so'. In 2024, four cases of human trafficking were brought in Lesotho, and 14 others were still ongoing. Lesotho's government formally launched the Bi-National Commission of Cooperation (BNC) with SA in 2024 to increase law enforcement coordination to combat trafficking crimes. Describing Lesotho's Trafficking Profile, the report states as follows: 'As reported over the past five years, human traffickers exploit domestic and foreign victims in Lesotho, and traffickers exploit victims from Lesotho abroad. Limited economic opportunities, exacerbated by the [Covid19] pandemic and inflation, resulted in vulnerable populations — including women and orphaned children, enticed by traffickers with false promises of legitimate employment or educational opportunities — to migrate from rural into urban areas and to SA or the Middle East. 'Traffickers, including in religious institutions, fraudulently advertise scholarships or lucrative jobs in hospitality on social media to recruit victims into forced labour and sex trafficking, increasingly in the Middle East. Traffickers in Lesotho 'In Lesotho, traffickers exploit Basotho children, especially orphans, in forced labour in domestic servitude and animal herding and in sex trafficking. Young girls employed in domestic work in exchange for room and board are vulnerable to forced labour and abuse. In previous years, there were anecdotal reports that 'workshop masters' forced children to produce and sell arts and crafts in market vending. 'There were reports of sexual harassment in Taiwan, People's Republic of China (PRC), and South Asian-owned textile factories in Lesotho, including widespread reports managers and supervisors coerced female workers into sexual relationships in exchange for maintaining employment, receiving better working conditions, and avoiding further harassment. Pandemic-induced layoffs increased vulnerabilities of the predominantly female textile workforce, resulting in some engaging in commercial sex,' the report continued. hardship and hunger in the area. DM
IOL News
16-06-2025
- IOL News
Ten children rescued from trafficking attempt in Matatiele, two suspects arrested
IOL Police in Matatiele rescued ten children and arrested two men for alleged human trafficking and illegal immigration. Image: File Police in the Eastern Cape have arrested two suspects in a shocking human trafficking case involving ten children, believed to have been smuggled illegally from Lesotho. A swift police response led to the rescue of ten children and the arrest of two men, aged 40 and 20, in Matatiele on Saturday, June 14. The arrests came after a tip-off from a vigilant community member who noticed an adult male with several children near a fuel station in the Matatiele CBD. Police spokespersons Brigadier Nobuntu Gantana confirmed that the 40-year-old suspect, a Lesotho national without valid documentation, initially claimed he was transporting the children to meet their mothers in Pietermaritzburg. This narrative quickly unraveled when the children contradicted his story. "However, the children contradicted this, stating they did not know the man and that he had taken them from Qacha's Nek, Lesotho, under false pretences of reuniting them with their mothers. They confirmed illegal entry into South Africa via an unofficial crossing near Paqama," said Gantana. Authorities have opened cases under the Prevention and Combating of Trafficking in Persons Act as well as the Immigration Act. The suspects remain in custody and are expected to appear before the Matatiele Magistrate's Court in the coming days. Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Next Stay Close ✕ The children have since been placed in a safe location by the Department of Social Development and are receiving appropriate care and support while investigations continue to uncover the full scope of the trafficking network. Acting Eastern Cape Provincial Commissioner, Major General Thandiswa Kupiso, lauded the swift action by police and community members. "This intervention potentially saved these children from further harm," she said. "We urge the public to report suspicious activities related to trafficking or illegal immigration to their nearest police station." The investigation remains ongoing, with authorities determined to dismantle any broader syndicates linked to this attempted trafficking operation. IOL News
The Citizen
27-05-2025
- The Citizen
Joshlin Smith sentencing: ‘I didn't ask for it,' says defence after witness profiles state prosecutor
Mkabayi argues no one can speak for a victim they have not seen. Jacquen Appollis, Steveno Van Rhyn and Kelly Smith, during sentencing proceedings in the Joshlin Smith kidnapping case at Western Cape High Court on May 23, 2025 in Cape Town, South Africa. Picture: Gallo Images/Brenton Geach Steveno van Rhyn's defence attorney, Nobahle Mkabayi, told the Western Cape High Court in Saldanha on Tuesday that some of the factors that should be considered when sentencing human trafficking cases were not relevant to the Joshlin Smith case. Joshlin's mother, Racquel 'Kelly' Smith, and her co-accused, Jacquen 'Boeta' Appollis and Van Rhyn, returned to the court, where sentencing proceedings began. On 2 May, Judge Nathan Erasmus found that the state succeeded in proving the guilt of the three accused in counts 1 and 2 in the Joshlin Smith disappearance case. ALSO READ: Joshlin Smith trial: Court finds Kelly and co-accused guilty On count 1, he found them guilty of trafficking in persons. They were also found guilty of kidnapping, count 2. Joshlin disappeared from the family's home in Saldanha Bay on 19 February 2024. Joshlin case: Defence grills witness Mkabayi cross-examined expert witness Marcel van der Watt, president of the National Centre on Sexual Exploitation (NCOSE), following his detailed analysis of the case. During the cross-examination, Van Der Watt informed the court that he had been requested by State Prosecutor Zelda Swanepoel to conduct an analysis of the case, and that he would not receive compensation for the work done. 'When arrangements were made, I was not informed I would be compensated. There was no agreement made on compensation. I will not be compensated for this,' he told Mkabayi. She asked him if he had worked with Swanepoel before, to which he admitted. ALSO READ: Joshlin Smith trial: 'I've made an order,' judge tells defence as proceedings get tense 'I absolutely knew Swanepoel. She has been a phenomenal leader in the field of human trafficking. Everyone knows Swanepoel; she has done phenomenal work in this space, particularly in prosecuting trafficking matters. She's an incredible source of knowledge and well-respected for her integrity. So, yes, I definitely knew Swanepoel before this matter,' said Van Der Watt. 'Thank you for that profile, although I didn't ask for it,' said Mkabayi. Human trafficking sentences She then turned to the Prevention and Combating of Trafficking in Persons Act, which lists factors that must be considered by the court when sentencing human trafficking cases. Mkabayi asked, 'Would I be correct if I said you are being compensated for your testimony today?' 'You have listed the factors that the state must look at in considering sentencing human traffickers and kidnappers. Is there any significant role that you know the accused played in human trafficking?' she asked. 'You haven't seen the victim, you haven't interviewed the victim, you don't know the whereabouts of the victim.' ALSO READ: Joshlin Smith trial: State relying on witness who fooled three cops – defence However, Judge Erasmus intervened and told Mkabayi that the section of the Act she was using was not relevant, as it was not in the witness' evidence. 'The witness never mentioned the work in his analysis on Sub C. If you have read the report, which I hope you did. He deals with A, J, F, G and to an extent, I. That's in the report. So, the question you asked is not allowed because it's not part of this witness's evidence. It's clear the question was already asked and answered in the context of listing the factors from A through to L. The question is disallowed for the reasons I've given. I have made a ruling.' 'There is no evidence before this court as to how the victim is kept, because the whereabouts of the victim are not known, and you haven't interviewed the victim yourself,' Mkabayi insisted. The proceedings continue. READ NEXT: Joshlin Smith trial: Defence grills investigating officer
IOL News
04-05-2025
- IOL News
Joshlin Smith's disappearance exposes the vulnerability of South African children
MISSING: Joshlin Smith has been missing since 19 February 2024. Image: Supplied JUDGE Nathan Erasmus delivered his judgment in the Joshlin Smith trial on Friday at the White City Multipurpose Centre in Diazville, Saldanha Bay. Joshlin's disappearance gripped the attention of the nation and those who attended proceedings on the day were boisterous in receiving Erasmus' ruling, even though authorities were yet to find the child. The three accused in the matter that was under the jurisdiction of the Western Cape High Court, were convicted on the kidnapping and human trafficking related charges they faced. "Count one — you are guilty of the charge of trafficking in persons. Count two — you are guilty of kidnapping," said Judge Erasmus The accused were Joshlin's mother, Racquel 'Kelly' Smith, who turned 33 yesterday (May 1), her boyfriend Jacquen 'Boeta' Appollis (31) and their 27-year-old friend Steveno 'Steffie' van Rhyn. Racquel 'Kelly' Smith was found guilty of kidnapping and trafficking six-year-old Joshlin Smith in the Western Cape High Court on Friday. Image: Ian Landsberg / Independent Media Later that afternoon, the home that Joshlin lived in was set alight. Lieutenant colonel Malcolm Pojie, a SAPS spokesperson said that the house in Middelpos, Saldanha, was torched on Friday. "We can confirm that Saldanha SAPS registered an arson case for investigation after Kelly Smith's Middelpos dwelling was destroyed by a fire. An adult female had been taken in for questioning," said Pojie. The house where missing six -year-old Joshlin Smith lived in Middelpos, Saldanha, has been burned to the ground following her mother's conviction. Image: Leon Lestrade / Independent Newspapers. Joshlin was reported missing on February 19, 2024 from her Middelpos home and was said to have been in the care of Appollis at the time. She was 6-years-old at the time of her kidnapping. Judge Erasmus was satisfied that the State, led by prosecutor Advocate Zelda Swanepoel, had proven their case, and when he delivered the guilty verdict for all three accused, it drew a loud round of applause and roars of approval from those in the gallery. He took time while delivering his judgment to appreciate community members, especially those who prayed daily at the venue over the court proceedings. Erasmus also acknowledged the authorities who supported the lawful change of venue for the trial in a matter with serious allegations and deep community involvement. The judge reminded the court of the central charge, and said: 'The case relates to the events that occurred between February 18 and 19, 2024, in Middelpos. Joshlin, who was six years old at the time and born on October 23, 2017, is believed to have been trafficked. The charges are brought under Section 4 of the Prevention and Combating of Trafficking in Persons Act.' While the the verdict was largely well-received by Joshlin's family and community members, they regarded it as a hollow victory. Joshlin's paternal grandmother Rita Yon said in a TV interview that she was "satisfied with Judge Erasmus' judgement", but felt that Kelly needed to "come clean" about the child's whereabouts. "I feel good about the verdict but Joshlin is missing. Kelly has not told us where Joshlin is, she must tell us where the child is. "That is heartbreaking for me," said Yon. Many Saldanha residents agreed that a measure of justice has been served, and that the matter drew further attention to how unsafe women and children were in South Africa. Western Cape Police Commissioner Thembisile Patekile said in a media interview afterwards that the Joshlin Smith case was not yet closed. "I'm happy with the judgment. We knew that our investigating and presiding team put up a case and it was up to the judge to make a determination." However, Patekile said the grim reality was that Joshlin was not yet found, the SAPS' net was cast far and wide and they appealed to everyone who could, to assist. "Our net has been cast worldwide. On one occasion we stopped a vessel in Great Britain to search it for three days, but nothing came of it. "We are hoping that we will get closure." About allegations that the child was sold to a sangoma, Patekile reiterated that the case was not closed and they hoped that Kelly Smith would have taken the stand during the trial so that they could hear the "who, where and what, where is Joshlin now". "Unfortunately, we did not get that opportunity. She chose to exercise her right to remain silent. But we will continue. She is in prison and in our custody, so we will continue to investigate," Patekile promised. The Western Cape's Director of Public Prosecutions, advocate Nicolette Bell, lauded the work done by the prosecution and investigation teams. '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. The National Prosecuting Authority salutes those who were involved. "I want to appeal to them that our responsibility is not over as long as Joshlin Smith remains missing," said Bell. Celeste Louw from Tears Foundation, an organisation that provides access to free crisis intervention, advocacy, counselling and prevention education services for those impacted by domestic violence and sexual abuse, said Joshlin's matter served as the identity for all other children that were being let down and trafficked. "It shows how vulnerable all our children are and poverty is a driver in this case. What are we doing about this," asked Louw. Additional reporting, Mandilakhe Tshwete DAILY NEWS
