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Delayed Justice: Convicted Child Rapists Remain Free Pending Appeal, NPA Under Scrutiny

Published November 16, 2024
3 months ago

In a concerning development that brings South Africa's justice system under scrutiny, AfriForum's Private Prosecution Unit has confronted the National Prosecuting Authority (NPA) over a serious lapse in the enforcement of a court order. This lapse has purportedly allowed two convicted child rapists to remain free, despite an unsuccessful appeal against their conviction.





On 30 October, the Pretoria High Court dismissed the appeal of twin brothers Morné and Marinus Kemp, who were convicted of raping a 14-year-old girl in 2018. The court revoked their bail and mandated them to surrender to the authorities, a directive they have since failed to comply with.


The Private Prosecution Unit, representing the teenager and her mother, is urgently seeking clarity from the NPA after detecting that no efforts have been made to arrest the brothers. This lack of action has prompted fears of preferential treatment and a failure to prioritize victim safety.


The twins were first found guilty in October 2022, receiving sentences of 25 and 20 years, respectively. Their immediate appeal allowed them to remain on bail. However, the dismissal of the appeal and subsequent noncompliance with the court's surrender order have raised legal and ethical questions. Despite the mother's desperate attempts to get answers, the Kemp brothers continue to evade the start of their jail terms.


Investigations by the unit have revealed no formal appeal or bail extension filings by the brothers post-dismissal. Conversations with the state prosecutor and investigating officer involved in the case have led to a dead end regarding the convicts' whereabouts and the exact steps taken by the NPA post-verdict.


The potential existence of an unauthorized arrangement between the NPA and the Kemp brothers suggests systemic flaws that privilege convicts over the security of survivors of gender-based violence. In response, Advocate Gerrie Nel, head of the Private Prosecution Unit, penned a letter seeking a thorough status update from the North Gauteng Director of Public Prosecutions.


With this unsettling incident, the unit underscores an ongoing trend wherein convicted offenders exploit appeal processes, leaving their victims to face prolonged periods of insecurity and injustice. The fact that the Kemps remain at large after their appeal raises significant concerns about the efficacy and fairness of the legal system.


AfriForum's Private Prosecution Unit stands committed to advocating for the rights of women and children who are let down by the criminal justice system—vowing to pursue accountability and ensure that offenders face the consequences of their crimes.


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