NPA allegedly grants leeway to convicted child rapists sparing them being arrested pending an appeal
15 November 2024
AfriForum’s Private Prosecution 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.
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 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.
In October 2022, the Pretoria Magistrates Court 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.
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.
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.
In a letter to Adv. Sibongile Mzinyathi, North Gauteng Director of Public Prosecutions, Adv. Gerrie Nel, head of the unit, has asked for a status update. “It remains a fact the appellants did not surrender themselves to the investigating officer as directed by a court order. It is in the interest of our client and the interest of society to establish what steps the NPA and/or the Registrar of the High Court took to enforce the court order.
“We are unsure if arrangements were made for the appellants not to appear. Our inference is thus that the accused in spite of a court order failed to surrender themselves to the investigating officer and are still roaming the streets.
“It is indeed a failure of the Criminal Justice System to neglect a victim of crime after the perpetrators have been convicted, by not telling her that her convicted rapists, who live in her area, are still out on bail. You are kindly requested to provide a status report on the ongoing appeal of the convicted Kemp brothers, to indicate if leave to appeal was granted before 14 November 2024 and if the appellants were given leeway not to report to commence their sentence within 7 days of the court of appeal’s judgment,” concluded Nel.
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.
Issued by Barry Bateman, Communications Manager: Private Prosecution Unit, AfriForum, 15 November 2024
