Saldanha Bay – The trial surrounding the disappearance of six-year-old Joshlin Smith took a dramatic turn as the Western Cape High Court, sitting at the White City Multipurpose Centre in Diazville, heard testimony implicating a woman named Maka Lima in the case.
The revelation came during the evidence-in-chief of detective Sergeant Dawid Johannes Fortuin, who led the interviews with accused Steveno van Rhyn and Jacquen "Boeta" Appollis on 4 March 2024.
The current proceedings are part of a "trial within a trial," focused on determining the admissibility of confessions made by Appollis and Van Rhyn. Both men allege that their confessions were obtained under duress, including physical assault at the hands of the police. Racquel “Kelly” Smith, Joshlin's mother and the third accused, has not made similar claims and is therefore not part of this phase of the trial.
Sergeant Fortuin, attached to the anti-kidnapping unit, told the court on Monday, 7 April 2025, how a coordinated strategy of questioning Appollis and Van Rhyn led to a potential breakthrough. He testified that the investigating team, including lead investigator Captain Wesley Lombard and the head of Serious Violent Crimes in the Western Cape, Brigadier Leon Hanana, used a plan to turn the tide of the investigation into Joshlin’s disappearance on 19 February 2024.
Fortuin explained that he was not initially involved in the investigation but became a major player on 4 March 2024, when he assisted the investigating team in persuading Appollis and Van Rhyn to open up and tell detectives what happened to Joshlin. Appollis, Van Rhyn, and Smith face charges of human trafficking for exploitation and kidnapping following Joshlin’s disappearance from the Middelpos informal settlement in Saldanha Bay. The three have pleaded not guilty.
Describing the strategy, Fortuin said the team was interviewing the two men and Smith in separate offices at the Sea Border police station. The interview with Smith took place in the office of the Family Violence, Child Protection, and Sexual Offences unit (FCS).
“I moved between offices where Appollis and Van Rhyn were interviewed. I proceeded to Van Rhyn and informed him that if there is foul play, it will be a severe situation. I questioned him several times about what he knew about Joshlin’s disappearance, and he said that I should ask Smith,” Fortuin testified.
He then asked Van Rhyn if Appollis would know what he was talking about: “His answer to me was, ‘Boeta knows’.”
“I then went over to Appollis and informed him that Van Rhyn claimed that I must ask Kelly, and that Boeta was allegedly aware of it. Boeta also allegedly mentioned that we should question Kelly," Fortuin continued.
“The second phase of the ploy was for me to ask Van Rhyn what is going to happen if Kelly and Boeta … stand together against him. With the reply from Van Rhyn, I then moved back to Appollis, and shared the same information with Boeta,” he told the court.
According to Fortuin, it was Steveno van Rhyn who first mentioned Maka Lima, referred to as "Lima’s mom," as someone who knew what happened to Joshlin. Sergeant Fortuin said he confirmed this information with Appollis, who corroborated Van Rhyn's statement.
Fortuin told the court: “Van Rhyn said we should ask Kelly and Maka Lima about the disappearance of Joshlin.” He noted that when he confronted Appollis with Maka Lima's name, he appeared visibly worried. Both allegedly told police to ask Kelly and Maka Lima about the missing girl. Police then brought Maka Lima and her family to the Sea Border offices for questioning.
During the proceedings, presiding officer Judge Nathan Erasmus asked the defence and the State to decide on which date the trial will move back to Cape Town, either next week or after the Easter Holiday.
Advocate Fanie Harmse, counsel for Appollis, questioned Fortuin about the alleged torture of his client, including whether he had witnessed any torture while moving in and out of the office where Appollis was interviewed.
“No, Lord, I didn’t witness any torture. If it had occurred, it was my responsibility to notify my superiors. When I was at the FSC offices where Kelly was interviewed, I didn’t hear anyone screaming,” he told the court.
Appollis denies that he was the source of this information referred to in both his and Van Rhyn’s statements.
According to Fortuin, Van Rhyn first mentioned the name of Makalima, who became a “person of interest”. Makalima was detained for questioning after the statements of Appollis and Van Rhyn. Police thoroughly searched her home, and the dog unit went through her premises. However, no evidence was uncovered linking her to Joshlin’s disappearance.
On who Makalima is, Fortuin told the court that she lived in Middelpos informal settlement, where Kelly and her children resided. Makalima had been operating a spaza shop in the area, and there were rumours that she was a sangoma.
