Convicted child rapists Marinus and Morné Kemp had their bail extended by the Pretoria High Court on Friday, despite the court previously revoking it, raising questions from AfriForum about potential special treatment.

The National Prosecuting Authority (NPA) confirmed they remain free due to an agreement with their legal representative.

It is reported that after their application for leave to appeal their conviction was dismissed, and they were ordered to hand themselves over to start serving their sentences within seven days, they filed another bail application, pending their appeal against their conviction with the Supreme Court of Appeal (SCA).

AfriForum’s Private Prosecution Unit spokesperson Barry Bateman says the order confirms what AfriForum said earlier, that the brothers received special treatment.

“If the effect of filing the appeal with the Supreme Court of Appeal had the effect of suspending the order that cancelled their bail and ordered they report to the police station, there would have been no need for them to apply for the bail to be extended.”

He says their office was not informed of this bail application despite being on record for the victim and her family.

“This is a shocking disregard for the victims of crime. We suspect this was done to escape public scrutiny because the court might have asked the prosecutor to explain why the pair were not arrested.”

The NPA also confirmed that a date for the appeal has not been disclosed.

In October 2022, the Pretoria Magistrate’s Court convicted the Kemp brothers for the 2018 rape of a 14-year-old girl.

The families of the victim and the accused were once close friends, living in the same neighbourhood from 2014 to 2018 and frequently spending time together.

The daughters in both families developed a special bond, leading to many visits and sleepovers, fostering a sense of trust and familiarity between them.

At the time of the incident, Morné lived in a flat on Marinus’ property.

The court order revealed that the rape took place during a sleepover at Marinus’ house, in a room where his children were also sleeping.

The court sentenced Morné to 25 years in imprisonment and Marinus to a 20-year jail term.

They immediately appealed their conviction and have been on bail since.

On October 30, the Pretoria High Court dismissed the appeal and revoked their bail.

The court ordered the brothers to surrender themselves within seven days to the investigating officer or report to the Pretoria North Police Station to be arrested and start serving their sentence.

Bateman says the unit represents the victim and her mother, who approached the unit after learning that her daughter’s convicted rapists had not been arrested, despite their unsuccessful appeal.

The mother could not obtain clear answers from the authorities and remains concerned because the two men live in her neighbourhood.

The victim’s mother has voiced her anger and frustration over the ongoing situation.

“For two years, they’ve been out on bail, free to live as they wish, while we remain trapped like prisoners in our home. This special treatment is unacceptable – this case needs to be fully investigated, yet I receive no updates at all.

“Why are these brothers receiving special privileges? Is it because they’re white? To me, crime has no colour. No one showed my daughter any mercy for what happened to her.”