News Western Cape

WAAR’S MY KIND?

Robin-Lee Francke|Published

MANG TOE: Kelly, Boeta and Steveno Kelly, Boeta and Steveno sentenced

Image: Ayanda Ndamane

JUDGE Nathan Erasmus has sentenced Jacquen ‘Boeta’ Appollis, Steveno van Rhyn, and Kelly Smith to life innie mang for their roles in the human trafficking case of Joshlin Smith. 

The sentencing took place on Thursday in a courtroom filled with tension, as the accused entered with dikbek expressions.

During the sentencing, Judge Erasmus reflected on the profound impact this case has had on the local community, noting that Joshlin grew up in an environment plagued by social issues and rampant drug distribution.

Addressing Appollis, who is a father of two, Judge Erasmus remarked that he had failed as a father figure to Joshlin and her siblings. 

Van Rhyn, described as a menace to society, was told by the judge that he had squandered numerous opportunities to reform his life.

As Van Rhyn clenched his teeth, Judge Erasmus wysed: “I expected someone from your background, whose father was murdered at a young age, to understand the impact of crime. Your attitude towards this court shows a lack of concern. You have shown no remorse.” 

UNHAPPY: Joshlin's dad Jose Emke wants to know where his daughter is Josh Emke, centre, wants to know where Joshlin is

Image: Ayanda Ndamane

When it came to Kelly, the judge pointed out her manipulative behaviour, stating: “You go as far as to blame your parents for your conduct in this matter. We know from February 19, 2024, the lack of concern you have shown.”

Judge Erasmus found no mitigating factors in the case, asserting that not one of the accused had exhibited remorse throughout the trial. He concluded: “It is clear that a sentence of imprisonment is the only option here.”

While acknowledging that the trio was under the influence of substances during the commission of their crimes, he firmly stated that this was no excuse for their actions, adding: “You had enough time to speak and come clean.”

The prosecution requested that the names of the accused be added to the National Child Protection Register (CPR), a critical tool in South Africa for protecting children from abuse and neglect. The register is maintained by the Western Cape Government in accordance with the Children’s Act 38 of 2005.

In addition to life imprisonment for human trafficking, all three were sentenced to 10 years for kidnapping, with the sentences running concurrently.

Speaking to IOL, Joshlin’s father, Josh Emke, expressed his frustration, stating: “I will not be satisfied until I hear my daughter’s voice and see her face. I’m not happy because we still don’t know where Joshlin is. Why can’t Kelly speak the truth and tell us what happened?”

Judge Erasmus also refused the defence’s application for leave to appeal, stating that the defence would need time to reflect on the sentencing and the State would need time to respond. 

A date for the appeal will be set later, as it was noted that the sentenced individuals are not usually present during these applications.