Pretoria – The Pretoria High Court has extended the bail for brothers Marinus and Morné Kemp who are appealing their conviction for raping a 14-year-old girl.
The AfriForum Private Prosecution Unit, which is representing the rape survivor and her mom, said the court “order confirms what we said earlier, that the brothers received special treatment”.
Spokesperson Barry Bateman added: “If the effect of filing the appeal with the SCA [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.
“Our 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 in order to escape public scrutiny because the court might have asked the prosecutor to explain why the pair were not arrested.”
Bateman said AfriForum was still waiting for a response from the National Prosecuting Authority to “our previous correspondence”.
The matter was heard in the high court in Pretoria by Justice Mosopa and Madam Justice AJ TShombe.
Having heard counsels for the appellants and respondents and having read the record of appeal and other documents filed of record, the court ordered that:
- The bail application is heard as an urgent application in terms of the provision of Rule 6(12) and that the honourable court should dispense with the forms and service provided for in the rules.
- The bail as previously fixed for the applicants in the amount of R10 000 each is extended subject to the following conditions:
- 2.1 The applicants may not leave the combined areas of Gauteng without, prior to such departure, informing the investigating officer in the case.
- 2.2 The applicants report twice per week on a Monday and Saturday to their local police station within the areas in which each of the applicants reside and between the hours of 06:00 and 8:00 and more specifically as follows:
- 3. Without fail, the applicants will be in prompt attendance at any instance to which the case against them shall be postponed from time to time.
- 4. The applicants present themselves to the clerk of the court or SAPS seven days after the day of the petition or subsequent appeal if the petition and/or appeal is unsuccessful and surrender themselves to undergo imprisonment if the result is the petition or subsequent appeal is that they are ordered to serve any period of imprisonment.
- 5. The applicants shall have no contact whatsoever, be it in person, on social media or on whatever basis with the complainant, her immediate family, and any witnesses in the matter.
