Joshlin Smith: Judge loses patience with defence advocate's arguments
The application for leave to appeal the conviction and sentencing in the Joshlin Smith case continues in the Western Cape High Court on Wednesday.
Steveno van Rhyn appeared in the Western Cape High Court sitting in Saldanha Bay on 27 May 2025. Picture: Kayleen Morgan/EWN
CAPE TOWN - The application for leave to appeal in the Joshlin Smith kidnapping and human trafficking case continues in the Western Cape High Court on Wednesday.
Defence advocate Nobahle Mkabayi, representing the second accused, set out the grounds on which she believes the court erred during the main trial.
But she has struggled to present concrete points so far.
Judge Nathan Erasmus has urged her not to waste the court's time.
Judge Erasmus repeatedly pressed Mkabayi, counsel for the second accused, Steveno van Rhyn, to base her submissions on facts, as she attempts to overturn both the convictions and lengthy sentences handed down to her client.
Van Rhyn and three others were convicted for the kidnapping and trafficking of six-year-old Joshlin Smith, and were handed life sentences.
Mkabayi resumed her arguments after the matter adjourned on Tuesday.
Erasmus: "We're in arguments now, this is not dealing with witnesses. I'm engaging counsel on arguments and normally arguments are even more robust. I've been patient, but I'm not going to allow counsel to make propositions on the law without giving me the authority."
The matter continues, with Judge Erasmus expected to deliver a ruling later on Wednesday.