The Western Cape High Court has ordered the forfeiture of the vehicle used by convicted killer Daniel Hugo Smit in the abduction and brutal murder of 13-year-old Jerobejin Van Wyk in February 2022. The decision was handed down by Judge James Dumisani Lekhuleni at the Vredenburg Magistrate’s Court on Thursday, following an unopposed application.
The forfeiture was initiated by the Asset Forfeiture Unit (AFU), which successfully applied for both a preservation and a forfeiture order. The AFU argued that the vehicle was a critical instrument in the commission of the crimes, used to chase, knock down, and forcibly abduct Van Wyk before he was horrifically murdered.
Forfeiture Under Prevention of Organised Crime Act
The AFU based its application on the Prevention of Organised Crime Act (POCA), stating the vehicle was instrumental in multiple crimes including murder, kidnapping, and assault. The court had previously granted a preservation order on 19 March 2025, giving the AFU 90 days to submit the final forfeiture application, which was duly served on Smit in prison on 10 April 2025.
“The vehicle was clearly used as an instrumentality of offences listed in Schedule 1 of POCA,” said National Prosecuting Authority (NPA) regional spokesperson Eric Ntabazalila.
Smit’s Conviction and Life Sentence
Smit was convicted and sentenced on 5 November 2024 to multiple terms of direct imprisonment, including life for murder, 15 years for attempted murder, 10 years for kidnapping, five years for desecrating a corpse, and three years for defeating the ends of justice.
The horrifying case began when Van Wyk and a friend entered Smit’s yard and took fruit from his garden. Smit claimed he was enraged after the boys mocked him during a confrontation. He pursued them in his vehicle, ultimately capturing Van Wyk.
Smit then took the boy to his home where he broke his neck, placed the body in a freezer, and later dismembered and burned the remains. During sentencing, Smit blamed his actions on past involvement in a Chinese occult group, a claim dismissed by the court.
Court Rejects Occult Influence Defence
Deputy Director of Public Prosecutions, Advocate Louise Freister-Sampson, strongly refuted Smit’s attempts to use occult involvement as a mitigating factor. She argued that Smit had long since distanced himself from those practices, having converted to Christianity and displayed religious symbols at his home.
The court agreed with the prosecution that Smit had acted with full awareness and intent, rejecting any notion of diminished responsibility.
NPA Applauds Court’s Decision
Western Cape NPA Director, Advocate Nicolet Bell, welcomed the ruling. “This case sends a clear message that crime will not only lead to incarceration but also to the loss of tools used in criminal acts,” said Bell. “The forfeiture aligns with the NPA’s broader efforts to strip criminals of any benefit from their actions.”
The brutal killing of Jerobejin Van Wyk deeply shocked communities across South Africa, and Thursday’s court decision is seen as an important step toward justice not only by punishing the offender but also by dismantling the instruments of crime.
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