The mother of a South African girl, who disappeared aged six more than a year ago, has been convicted of kidnapping and trafficking her daughter.
Kelly Smith, her boyfriend Jacquen Appollis and their friend Steveno van Rhyn were arrested after Smith’s daughter, Joshlin, went missing from outside her home in Saldanha Bay, near Cape Town, in February last year.
Appollis and Rhyn were also found guilty on Friday of kidnapping and trafficking Joshlin. All three had previously pleaded not guilty to to these charges.
Joshlin’s disappearance sent shockwaves across South Africa and despite a highly publicised search for her, she is yet to be found.
During the trial, held in March, prosecutors accused Smith of having “sold, delivered or exchanged” Joshlin and then lied about her disappearance.
Smith wiped tears from her eyes when the guilty verdict was read, while Van Rhyn inexplicably broke into a smile.
Applause rippled through the packed court room and some onlookers began to cry.
The trial was held in Saldanha’s Multipurpose Centre to “ensure the community has access” to proceedings, Judge Nathan Erasmus, who presided over the case, said previously.
Ahead of the verdict, nearby roads had been closed, while police officers were deployed in and around the centre.
The trial captivated South Africa, with witnesses and prosecutors making a number of shocking allegations.
The most explosive came from Lourentia Lombaard, a friend and neighbour of Smith who turned state witness.
Ms Lombaard alleged that Smith told her she had done “something silly” and sold Joshlin to a traditional healer, known in South Africa as a “sangoma”.
The “person who [allegedly took] Joshlin wanted her for her eyes and skin”, Ms Lombaard told the court.
A local pastor testified that in 2023, he had heard Smith – a mother of three – talk of selling her children for 20,000 rand ($1,100; £850) each, though she had said she was willing to accept a lower figure of $275.
Joshlin’s teacher then alleged in court that Smith had told her during the search that her daughter was already “on a ship, inside a container, and they were on the way to West Africa”.
Smith’s lawyer, Rinesh Sivnarain, cast doubt on these allegations. He cited inconsistencies – recognised by the prosecution – in Ms Lombaard’s remarks and suggested she was an “opportunist”.
The defendants chose not to call any witnesses in their defence and did not take the stand during the trial.
Sangomas are legally recognised in South Africa under the Traditional Health Practitioners Act of 2007, alongside herbalists, traditional birth attendants and traditional surgeons.
Some charlatans are involved in unscrupulous traditional so-called cures, and have been known to sell good luck charms that involve body parts.
The allegation that Smith had discussed selling her daughter and had issues with drugs has prompted conversations about the vulnerability of children, particularly in South Africa’s poor communities.
In Joshlin’s community of Middelpos, parents have been telling local media that more than a year after the young girl’s disappearance, they are still concerned for their children’s safety.
By BBC News
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