Joshlin Smith trial hears about mother's stint in drug rehab

Eight years before allegedly “selling” her as yet unborn daughter Joshlin, Racquel “Kelly” Smith had allegedly been abusing drugs and neglecting her son, the department of social development was informed.

This was raised in February 2016 by Smith's grandmother and a file was opened, the high court sitting in Saldhana Bay heard on Tuesday.

Social worker Siliziwe Mbambo told the court she was assigned to the family after Joshlin went missing in February 2024 in the West coast town.

Mbambo obtained a family file listing concerns raised by the grandmother in 2016 that Smith “swore at the child, threatened him and would stab him”. Further in the report, the grandmother said Kelly threatened to assault her,” said Mbambo.

“On the same day, [the grandmother] was going to open a protection order against Kelly and the then assigned social worker followed up ... a week later, but [she] told the social worker she was in the Northern Cape with Kelly’s son to visit Kelly’s mother and intended staying for three months.”

Smith was at the time pregnant with Joshlin. When her grandmother returned, she threw Smith out of her house because of her drug use and began looking after the boy.

Mbambo said Smith had in March 2020 asked for help with her addiction while living in Middelpos informal settlement with Joshlin and her biological father Jose.

Smith received treatment at a centre from May 2018 to July 2018 and was later admitted to Siyabonga Shelter. In August 2018, she was admitted to Namaqua treatment centre for drug abuse but did not participate in the department's voluntary substance relapse prevention programme in March 2019.

Mbambo testified about arranging accommodation for Smith and her two other children after Joshlin disappeared — due to fears for their safety. Smith rejected the offer as the shelter catered for women only and would not accept her co-accused boyfriend Jacquin Appollis.

The court heard testimony from Kelly Ziggers, daughter of Carlien Ziggers who had employed Smith as a domestic worker and had testified on Monday.

Ziggers said Smith would occasionally clean her home on the understanding she would be compensated with food for her family but not money.

Ziggers said Smith had slept on a mattress on the floor in her bedroom when Joshlin went missing.

“I took leave the next day and took Kelly to the police station. I called my aunt, Zulpha Cupido, to assist me with everything else including the media as she liked to talk a lot as it was just too much for me, while I just did the driving,” said Ziggers.

“I spoke to Kelly and asked her to please talk, [and asked] who she was protecting as I could see she was not herself. I asked her 'are you not a mother feeling for her child?' because she did not show any emotions. I said 'Anything you can remember you must tell the detectives, don’t keep the stuff to yourself'.”

She added that Smith told her she felt that Joshlin had not left the area and said, “It is my motherly instinct that my child is not gone.”

Ziggers said Smith did take part in searching for her daughter two days after she went missing but arrived later as she had been at the police station. She advised Smith not to take part in the search for her own safety — as the community had become angry.

Ziggers testified that despite Smith using drugs, she was not concerned about anything being stolen from her home as she would always ask if she needed anything.

The court heard that when the media arrived to interview Smith, Ziggers urged her to show some emotion and shed a tear due to her calm demeanour. She added that Smith was seen at a store with a trolley of groceries after Joshlin went missing.

During cross-examination, attorney Rinesh Sivnarain, representing Smith, said she would argue that Patriotic Alliance leader Gayton McKenzie, now minister of sports, arts and culture, gave her R1,000 for food, bought her and her children new clothes and took them to a restaurant.

The trial continues on Wednesday. 

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