LIVE: Laurentia Lombaard seeks immunity after testifying in Joshlin Smith kidnapping case

The lawyer for Laurentia Lombaard, former accused turned state witness, Advocate Eben van Tonder, urged the Western Cape High Court to exempt his client from any punishment. 

Van Tonder urged Judge Nathan Erasmus to relieve Lombaard of any charges she may face. 

Lombaard was the state’s key witness during the trial in the disappearance of Joshlin Smith in Saldanha earlier this year. 

Lombaard was initially arrested and charged alongside Kelly Smith, Jacquen ‘Boeta’ Appollis, and Steveno van Rhyn for the kidnapping of Joshlin.

However, months after her arrest, Lombaard opted to become a Section 204 witness for the State, providing key evidence that helped secure the convictions of the trio.

Van Tonder submitted that while there were some minor discrepancies found during her testimony, the court needed to take into consideration that nerves can be a factor when testifying.

He stated that even professionals feel nervous when testifying, and many times not under such scrutiny as in this matter. 

“The court relied on parts of the witness’s testimony for judgment. Taking it all into account, the witness testified honestly. She made huge sacrifices, especially when it comes to her family. Her whole life has been uprooted, and she was placed in witness protection,” van Tonder submitted. 

He said when she decided to testify, she took the investigating officer and her legal counsel into her confidence. 

“Yes, her previous statements were scrutinised, but at that time, it was very close in time to when the incident took place. At the time, she still accepted the agreement of R1,000 payment for her silence. She was also still using tik (methamphetamine) on a daily basis. But, as time went on, her conscious got the better of her and she wanted to tell the truth,” van Tonder submitted. 

He told the court his client admitted that there were untruths and she had much to lose as she knows the that her possible immunity from prosecution would have incentivised her to be honest. 

“The court must have found some part or type of reliance to in her testimony to find its judgment. The testimony of Ms Lombaard did, in fact, help the state. The court ruled that it found sufficient corroboration for the reliability of the witness’ testimony, which was also supported by circumstantial evidence,’ van Tonder submitted. 

Lombaard’s testimony blew the case right open and sent shockwaves through the courtroom when she revealed that Joshlin had been sold for R20,000. 

While her testimony was filled with some holes and questionable actions, it helped the State secure both the conviction and sentence in this landmark case. 

During the trial, the court heard Kelly had a violent streak, Lombaard also confirmed the group’s excessive drug use. 

Lombaard testified how Kelly received a call and spoke English during it, thereafter she told Boeta how someone ‘wanted Joshlin’, but he was not willing to listen at the time.  

The court further heard that on Sunday, February 18, 2024, Kelly took Joshlin and went to the roadway and met with a woman who alighted from a white VW Polo, this woman, she assumed to be a sangoma who had white spots in her face and was dressed in a green blouse, skirt and doek (headscarf). 

Lombaard stated she watched the scenario play out from behind the boulders in Middelpos. Kelly was handed something by the woman, which she stuck into the front of her pants. 

Lombaard told the court she later overheard a conversation between Kelly and Boeta as she stood behind the shack they lived in. 

Kelly told Boeta the ‘sangoma’ had given her R20,000. She later confirmed to Lombaard that she sold Joshlin for R20,000 because she was struggling and needed the money. 

Lombaard testified Kelly had promised to pay her R1,000 and Steveno R1,200, the rest of the money will be spent between her and Boeta. 

However, Lombaard claimed she never received the money. She even went into detail about how they planned on how Joshlin would ‘disappear’, and she told the court how she saw Joshlin loaded into the same vehicle with the same woman on February 19, 2024. 

robin.francke@iol.co.za

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