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State witness in the Joshlin Smith kidnapping case, Lourentia Lombaard, takes an oath before testifying.
The Presiding Judge in the Joshlin Smith disappearance case, Nathan Erasmus, is expected to make a ruling in the Western Cape High Court on Wednesday on a defence leave to appeal the matter.
He will further make judgment on whether a Section 204 witness, Lorentia Lombaard, is eligible for indemnity.
Jacquen Appollis, Steveno van Rhyn and the child’s mother, Kelly Smith, are serving life sentences after they were convicted of human trafficking and handed down 10 years for kidnapping.
Lombaard’s legal counsel, Advocate Eben van Tonder, has argued that if a witness answers all questions honestly, they should qualify for indemnity.
“Having referred to Sub-Section 2 of Section 204, my lord, I would submit with respect that it is clear from the text of the Act I just want to read the correct provision and respectfully submit that it’s the onus of the court that the witness answered frankly and honestly to all questions then immunity must follow my lord.”
