The South African Federation of Trade Unions (SAFTU) welcomes the conviction of Racquel “Kelly” Smith, her boyfriend Jacquin “Boeta” Appollis, and Steveno “Steffie” van Rhyn for the kidnapping and trafficking of six-year-old Joslin Smith. The judgment handed down by Judge Nathan Erasmus at the Western Cape High Court restores a measure of public confidence in the battered criminal justice system.
We commend the outstanding work of the National Prosecuting Authority team, led by Advocate Aradhana Heermun, whose well-argued and carefully assembled case secured these convictions. The courageous testimony of state witness Lourencia “Renz” Lombaard was pivotal, and the court’s reasoning sends a clear message: justice is possible when institutions function effectively and victims are treated with dignity.
This stands in stark contrast to the widely criticised Timothy Omotoso trial, where despite the presiding judge affirming the credibility of the witnesses, a failure by the prosecution to ask key questions led to a failure to convict. SAFTU previously condemned this as an unacceptable dereliction of duty and a betrayal of survivors who had risked everything to speak out.
We must also raise our deep concern about the continuing silence in the case of the 8-year-old rape survivor known publicly as “Cwecwe”. After earlier missteps in which the Minister of Police wrongfully identified a school principal as a suspect—an error for which he has since publicly apologised—the investigation appears to have stalled. Despite the facts showing that the child was brutally violated, no arrest has been made. If the father, the principal, the security personnel, and others have been cleared by DNA, then who raped this child?
We must ensure that the mother’s courageous and intelligent advocacy for her child is not in vain. The SAPS must issue an urgent and transparent update on the investigation. The public deserves answers. Cwecwe deserves justice.
Equally heartbreaking is the discovery yesterday of the lifeless body of three-year-old Mojalefa Ndivho Savhuli, found floating in a dam near Harmony Gold Mine in Roodepoort. Another child gone. Another family shattered. Another crime still unexplained.
SAFTU will not allow our children to become mere statistics. We must name them. Remember them. Fight for them.
We recall our earlier warnings: between 2012 and 2022, the murder detection rate in South Africa plummeted by 55%, with only 14.5% of murder cases solved in 2021/22. Conviction rates for rape remain abysmally low, and most survivors of gender-based violence do not see justice.
These horrifying failures are the consequence of under-resourced policing, a collapsing prosecutorial capacity, and austerity budgets that prioritise debt payments over children’s safety.
SAFTU DEMANDS:
- A full audit of all unresolved child abuse and murder cases;
- A public update on the status of the Cwecwe investigation;
- Urgent action to rebuild Family Violence, Child Protection and Sexual Offences (FCS) units;
- An end to austerity policies and the reinvestment in police, forensics and social services;
- Full implementation of the National Strategic Plan on Gender-Based Violence and Femicide;
- And for Parliament to conduct an oversight inquiry into systemic failures in the NPA and SAPS.
The conviction in the Joslin Smith case is a welcome victory. But for every Joslin, there are thousands of Mojalefas, Cwecwes, and unnamed children whose cases never see justice. We must not rest until every child is safe and every perpetrator held accountable.
A Statement was issued on behalf of SAFTU by General Secretary Zwelinzima Vavi.
For more details, contact the National Spokesperson at:
Newton Masuku
066 168 2157
Newtonm@saftu.org.za
