On Day 33, the Western Cape High Court continued the Joshlin Smith trial with key developments signalling the approach of its final stages.
Joshlin Smith trial today: Here’s a breakdown of what happened
The day began with the testimony of Lieutenant-Colonel Morris, a veteran officer with 32 years in service and a background in computer forensics. He was tasked with retrieving and interpreting video content relevant to the investigation, particularly footage circulated on social media.
Morris was asked to interpret a series of videos collected by investigators, which were then played in court.
These included footage of Kelly Smith dancing at an event in March 2024, a prayer session involving her, and interviews conducted by Gayton McKenzie via TikTok.
Among the clips shown was a TikTok video where Kelly addressed her sister, Mickeyla, as well as short interviews featuring co-accused Jacquen Appollis and Steveno van Rhyn.
After presenting the videos and interpreting their content, Morris was excused. The entire defence bench confirmed they had no questions for him.
Next on the stand was Sergeant Sangcozi, who had previously taken down Phumza Sigaqa’s warning statement.
However, his testimony was cut short when it was revealed that over the past weekend, Phumza disavowed her inclusion as a witness for the state.
The judge queried the purpose of introducing her prior statements, given her withdrawal. The state conceded that since she could be subpoenaed by the defence—and in that event, could be cross-examined by the state—they would not proceed with Sangcozi’s testimony.
The defence then moved to a pivotal legal step. Advocate Nobahle Mkabayi, representing Van Rhyn, submitted an application in terms of Section 174 of the Criminal Procedure Act, requesting that the charges against her client be dismissed due to lack of evidence.
After being tested extensively by Judge Nathan Erasmus on her interpretation of case law, Mkabayi rested her application.
Kelly Smith’s lawyer Rinesh Sivnarain followed with a similar application.
He argued that the charge of human trafficking was not supported by strong evidence, relying solely on the testimony of state witness Lourentia Lombaard. The state countered that while Lourentia’s testimony was contested, it carried a “golden thread of truth” that the court had previously acknowledged.
Judge Erasmus ruled on both applications. He did not provide detailed reasons but stated that, based on the facts and legal framework, he did not believe there was no evidence on which a reasonable court might convict.
Therefore, both applications—for Accused 2 (Steveno van Rhyn) and Accused 3 (Kelly Smith)—were denied.
Following this ruling, Advocate Fannie Harmse, representing Appollis, informed the court that his client would not testify and would exercise his constitutional right to remain silent. No defence witnesses would be called. Advocate Mkabayi confirmed the same for Steveno van Rhyn.
After a brief adjournment, Kelly Smith’s lawyer announced that she too would not testify or present any witnesses.
With that, the defence formally closed its case.
Here’s what happens next in the trial-within-a-trial
With the defence case now officially closed, the court is poised to enter the final stage of the trial: closing arguments. Judge Erasmus indicated that proceedings would resume on Tuesday, 29 April 2025, for this purpose.
He advised that the State must submit its written heads of argument to the defence by Monday, 28 April 2025.
Final arguments are expected to be delivered and concluded by Wednesday, 30 April 2025. If all goes according to plan, Judge Erasmus aims to hand down judgment on Friday, 2 May 2025.
The trial has now moved beyond the evidentiary phase. With no further witness testimony or defence challenges, the court’s focus will shift solely to legal argument and the assessment of credibility, consistency, and whether the state has proven its case beyond a reasonable doubt.