Kelly Smith, mother of missing girl Joslin Smith, takes notes during the trial on Tuesday.
A social worker told the Western Cape high court on Tuesday that Kelly Smith, the mother of missing child Joslin Smith, threatened to stab her son in 2016 while she was pregnant with Joslin, and was thrown out of the house by her grandmother because of her drug use.
The child has been missing since 19 February 2024.
Speaking through a translator, Siliziwe Mbambo said that according to the case file, Smith’s grandmother contacted the department of social development on 15 February 2016, saying that Smith had been “neglecting her child”.
Mbambo had not been involved in the matter at that time.
“The report also says that [Smith] swore at the child and threatened to stab him,” Mbambo told the court.
Smith had also threatened to assault her grandmother, according to the report, and the woman would seek a protection order.
A week later, the social worker found that Smith’s grandmother had left for the Northern Cape to visit her daughter, the biological mother of Smith. She had taken Smith’s son with her.
The file on the family was sent back to the department’s registry on 31 January 2017, where it remained until it was allocated to an auxiliary social worker on 3 July the same year.
The auxiliary social worker was instructed to visit the family and see whether any services were needed. In the subsequent meeting with Smith’s grandmother, the woman said she had thrown Smith out of her house because she was using drugs.
According to the file, Smith “seldom” made contact with the child, who was by then attending day-care.
The auxiliary social worker said in the file that Smith’s grandmother requested no additional services, and the case was closed on 11 January 2018.
But in March of the same year, Smith arrived at the social development offices in Saldanha Bay asking for help in controlling her tik use, according to the file.
At this stage she was staying with Jose Emke, the father of Joslin Smith, and the child. The file did not say where her son was living.
The relationship between Smith and Emke was abusive, according to the case file. On Monday, witness Natasha Andrews said she had seen Smith with bruises, but did not ask her how she received them.
Smith and accused one Jacquen Appollis, who is also her partner, and accused two Steveno van Rhyn, pleaded not guilty to charges of kidnapping and human trafficking when the trial started last week Monday.
Last year, charges were withdrawn against the fourth accused, Lourentia Lombaard — referred to as Rens or Rensie throughout proceedings — who has turned state witness.
The state alleges in its indictment that Smith “communicated during August 2023 her plan to have her children be taken away or sold”.
“The plan was for this to happen in January or February 2024.”
The matter is being heard at the multi-purpose centre in Saldanha Bay.
Prior to Mbambo giving testimony, the court heard from Kelly Zeegers who, together with her mother Carlyn, employed Smith as a part-time domestic worker, and also looked after Smith’s three children. Carlyn Zeegers testified on Monday.
Kelly Zeegers told the court that she was “frustrated” by the lack of emotion Smith showed over Joslin’s disappearance, and at one stage, while Smith was being interviewed by the media, told her to “at least shed a tear”.
But Zeegers also painted a picture of a mother who was desperately searching for her child — albeit while sometimes high on tik — despite the community getting increasingly angry with her and thinking she was not doing enough.
She said that on the day after Joslin was first reported missing, some local residents went to her home to get information to help in the search. Kelly, however, said she was “nauseous”.
Said Zeegers: “I got a little upset with her, saying ‘this is your child’. I took her to the bathroom and said ‘okay, throw up’, but she didn’t. So we went back to the front of the house and [the residents] asked Kelly questions.”
Zeegers said she could not eat or sleep during this time, but Smith had no problem doing either.
“She was very calm, although I know we deal with emotions differently. I took her on about her being a mother and asked her if she felt anything. I couldn’t eat, I couldn’t sleep. She kept on eating and she slept.”
During cross-examination by Smith’s attorney, Rinesh Sivnarain, Zeegers agreed that Smith had been advised by the police not to continue participating in the searches.
Previous testimony indicates that residents were becoming increasingly suspicious of and hostile towards Smith, in the days after the child went missing.
Sivnarain also tried to clarify where exactly Smith had received money from to buy groceries.
Zeegers and her mother had been a regular supplier of foodstuff for Smith and her family, according to their testimony.
But after Joslin’s disappearance, Zeegers said she had run into Smith with a full trolley of groceries, outside a Checkers.
Said Sivnarain: “She was able to buy those with money she got from Gayton McKenzie [the Patriotic Alliance leader].
Zeegers said that could well be the case, because Smith had mentioned who had given her the money for food, but she could not remember.
“McKenzie had given her R1000 and that is where she got the money to purchase the groceries. He also purchased clothing for my client and her children,” said Sivnarain.
The matter continues.
