Saldanha Bay – The trial surrounding the disappearance of six-year-old Joshlin Smith took a dramatic turn this week, with her father collapsing in court and her class teacher delivering bombshell testimony alleging the child was taken to West Africa.
The courtroom drama unfolded on Tuesday when Joshlin's father, José Emke, who was observing proceedings alongside his mother, Lauretta Yon, collapsed shortly after court resumed in the afternoon. Emke, dressed in a thick navy jacket, lost his balance and fell forward, prompting a flurry of assistance from members of the public and at least five police officers. He briefly regained his balance but was then escorted out of the court, flanked by members of the public, after police inquired if he needed fresh air.
The incident occurred while a social worker, Siliziwe Mbambo, attached to the Western Cape Department of Social Development, was testifying about the Smith family's history with social services. Mbambo, who has been working with children since 2018, told the court that Kelly Smith had been using drugs for a long time.
"A request was sent to my former supervisor, and I got the Smith file. The file was opened to request services… The report we drafted said that the Smith family was introduced to the department on 16 February 2016 and that Ms Smith was using drugs," Mbambo testified.
She added that Kelly's eldest child was staying with her grandmother, and that Kelly was pregnant with another child at the time. Mbambo further stated that Kelly had requested help from social services, and that her grandmother had also made a similar request and was even considering obtaining a protection order against Kelly.
Prosecutor Zelda Swanepoel requested that Judge Nathan Erasmus advise the media not to film the incident involving Emke.
However, it was the testimony of Joshlin's class teacher, Edna Maart, on Wednesday that truly captivated the court. Maart revealed a startling conversation she had with Kelly Smith the day after Joshlin went missing. According to Maart, Kelly claimed that Joshlin had been taken by boat to West Africa, based on a phone call she received from a Nigerian man.
Maart recounted the conversation, saying: “We were at a petrol station before helping with the search for Joshlin. I was shocked when Kelly came into my car and said she wanted to tell me something in confidence.”
Maart said this is when Kelly told her that a man had called her and told her where Joshlin was.
Maart also told the court that Kelly had said, “Remember Boeta is not guilty. I didn’t know Boeta at the time.”
Maart recalled how she found out about the disappearance of the child she had only known for a month.
She explains: “It was around 4.30 am when I received a WhatsApp text message from one of the parents, which said Joshlin went missing.
“I confirmed with Kelly over the phone, she was crying.
“I asked her where Joshlin was on the day she went missing, and she continued crying. I asked again if she had heard me and asked where Joshlin was on Monday.
“The call went off. I called later during the day, but she was at the police station, and I gave her space, and then hours later I saw her when she climbed in my car.”
Smith's lawyer, Rinesh Sivnarain, said he was instructed by his client that the name of the Nigerian man is Johan, who was a “medium”.
Joshlin went missing from her home on 19 February 2024 and has yet to be found.
A fourth person of interest in the case has since turned state witness. The three accused have pleaded not guilty to the charges. The court has adjourned for the day, and Mbambo is expected to be cross-examined by the defence on Wednesday.
The trial continues to grip the nation as the search for Joshlin intensifies and the court hears more evidence surrounding her disappearance. The allegations of drug use, human trafficking, and a possible connection to West Africa have added layers of complexity to the already heart-wrenching case. The community remains on edge, desperately hoping for Joshlin's safe return.
