The justice system is under scrutiny as twin brothers, Morné and Marinus Kemp, remain at large despite a court order to surrender for their arrest after their appeal against a child rape conviction was dismissed. Their freedom has ignited concerns about the enforcement of court rulings and the message it sends to victims and society at large.
According to Barry Bateman, spokesperson for AfriForum’s Private Prosecution Unit, urgent clarity has been sought from the National Prosecuting Authority (NPA) following apparent lapses in legal enforcement.
“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,”
Bateman stated.
The Private Prosecution Unit represents the teenage victim and her mother, who sought their help after the authorities failed to act.
The mother, who lives in the same neighbourhood as the Kemp brothers, expressed deep distress at the situation.
“They must go to jail to serve their sentence. My daughter lives like a prisoner in her own home,”
she said.
Her daughter, now 19, continues to grapple with the psychological trauma inflicted by the rape, compounded by the delay in justice.
“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,”
the mother shared, adding that her daughter has been admitted to multiple clinics to cope with the ongoing trauma.
The Pretoria Magistrates Court convicted the Kemp brothers in October 2022 for raping the teenage girl in 2018. Morné received a 25-year prison sentence, while Marinus was sentenced to 20 years.
The pair immediately appealed the conviction, securing bail during the process. However, their appeal was dismissed by the Pretoria High Court on 30 October 2023, which revoked their bail and ordered them to report to the investigating officer or Pretoria North police station within seven days.
Bateman confirmed that the brothers failed to comply with the court order and remain unarrested weeks later.
AfriForum’s investigation revealed troubling inconsistencies in the enforcement process.
“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,”
Bateman explained.
He added that the state prosecutor handling the matter confirmed no new hearing date had been set, and the investigating officer stated that the brothers had not reported for arrest.
“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 speculated, describing such a possibility as highly irregular.
The delay in justice sends a troubling signal, said Bateman.
“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,”
he noted.
Crime in South Africa
Child Rapist Twin Brothers still Free after Sentencing
In 2022, twin brothers, Morné and Marinus Kemp were found guilty of raping a 14 year old girl in 2018.
Morné was sentenced to 25 years and Marinus to 20 years in prison.
They appealed but on 30… pic.twitter.com/R5GdhVJ1EQ
— Bianca van Wyk (@BiancavanWyk16) November 19, 2024
The Private Prosecution Unit also pointed to a broader trend where convicted criminals remain free for years pending appeals, undermining the rights and safety of 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,”
Bateman vowed.
Efforts to obtain clarity from the NPA have so far been unfruitful. Rekord, a local publication, reached out to NPA Pretoria regional spokesperson Lumka Mahanjana but has not received a response.
Similarly, Marinus Kemp declined to comment, referring queries to his legal team, who also chose not to provide further details.
The continued freedom of the Kemp brothers, despite their conviction and appeal dismissal, has raised urgent questions about the commitment to enforcing justice and protecting victims, particularly in cases involving gender-based violence. The victim’s family and advocacy groups await answers and action to ensure accountability and safety.
