Twin brothers Morné and Marinus Kemp, convicted of child rape, remain free despite a court order to report for arrest after their appeal was dismissed, raising serious concerns about the enforcement of the ruling.

According to AfriForum’s Private Prosecution Unit spokesperson Barry Bateman, their unit has sought urgent answers from the National Prosecuting Authority (NPA) after being informed that a possible failure to enforce legal processes has spared two convicted child rapists from being arrested after their appeal was dismissed.

“Twin brothers Morné and Marinus Kemp were convicted in 2022 of raping a 14-year-old girl. Despite their appeal against their conviction being dismissed on 30 October and being ordered to report to the investigating officer, they have not been arrested and are in contravention of a court order.”

He said 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.

Bateman said the mother was unable to obtain clear answers from the authorities and remains concerned because the two men live in her neighbourhood.

“They must go to jail to serve their sentence. My daughter lives like a prisoner in her own home,” she said.

Bateman said the Pretoria Magistrates Court, in October 2022, convicted the Kemp brothers for the 2018 rape of a 14-year-old girl.

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

“They immediately appealed their conviction and have been on bail since then. On 30 October 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.”

He added that two weeks later, the convicted child rapists have not been arrested.

“The unit inquired with the Pretoria High Court and could find no evidence that the brothers had filed an application for leave to appeal or an application to have their bail extended.

“The unit also spoke to the state prosecutor handling the matter, who said a date had not yet been allocated for the case to be heard. Further, the investigating officer confirmed that the two men did not report to him to be arrested.

“Based on this, it appears that there might have been some form of an arrangement between the NPA and the brothers so they don’t have to report to the police to be arrested until these court processes are finalised.”

Bateman said such an arrangement would be highly irregular and sends a worrying message to society that the criminal justice system disregards the interests and safety of victims of crime in favour of the perpetrators.

“In this instance, it appears the convicted rapists were given special treatment while the teenage victim of gender-based violence has been left in the dark.”

Bateman said in September, the unit highlighted a trend in which cases referred for appeal allow convicted criminals to go free for years while justice is denied to their victims.

“Six years after the Kemp brothers raped a teenager, and two years after their conviction, they remain free men while the victim lives in fear in her own home. AfriForum’s Private Prosecution Unit will continue to fight for women and children failed by the criminal justice system.”

The mother of the victim says the horrific acts of the Kemp brothers have shattered her young daughter’s life.

“My daughter has tried to take her own life at least five times that I know of, and yet these men are allowed to walk free in our own neighbourhood.
“We are like prisoners in our own home because of them.”

She went on to share the heartbreaking reality that her daughter has been admitted to multiple clinics in an attempt to cope with the overwhelming trauma caused by the ordeal.

Rekord contacted Marinus Kemp at his workplace for comment and was referred to his lawyers, who declined to comment or provide more information about why Marinus had yet to turn himself in.

Rekord reached out to NPA Pretoria regional spokesperson Lumka Mahanjana for information on the case, providing all necessary details and questions, but has yet to receive any clarity or response.

Also read: Mamelodi man found guilty of gender-based violence against neighbour

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