Kemp by name, unkempt by nature, genius at law: remembering Kemp J Kemp

Adv Kemp J Kemp, SC, who succumbed to Covid-19 complications, had the air of a batty professor.

He was known to work all hours, sometimes in his pyjamas, sometimes shirtless, to the chagrin of the more staid in the legal profession.

In a parody of his name, some called him “unkempt”, a reference to his dishevelled look.

Kemp died at his Ballito home on Tuesday, a few weeks after being discharged from hospital, where he was treated for Covid-19.

He raised eyebrows when he hired a man as his secretary.

But in spite of his quirks, the legal fraternity was in awe of his sharp mind and  photographic memory.

He was not a loud orator. He spoke softly, sometimes almost in a whisper, in court. But he was a top-notch legal strategist.

He became a public name in 2006 when he was briefed by attorney Michael Hulley to defend former president Jacob Zuma in his rape case.

His brief was then extended and he became the legal team-leader who adopted a “Stalingrad” approach to Zuma’s corruption charges.

In 2018, the brief ended because of  Zuma’s financial woes.

But Kemp’s impact on the legal profession began a long time before that.

He studied law at the then University of Port Elizabeth (UPE) on a sports bursary (he was a 400m champion).

Kemp went on to the University of Oxford, before returning home, where he had a brief stint lecturing at UPE. He then took up a professorship at the University of Zululand, then the only place for aspiring black lawyers to study in KwaZulu-Natal.

He was well respected as a practitioner of integrity. He was down to earth and that was part of his charm.

—  KZN judge president Achmat Jappie

A close friend and colleague, who did not want to be named, said: “Anyone who is anyone (in the legal fraternity) was lectured by him and they will tell you what a wonderful, wise and accommodating person he was. And this was pre-democracy, when people were not always kind and generous to black people.”

Kemp was admitted as an advocate in December 1986 and took silk in May 1997.

He took the “open-door” protocol at the Durban bar seriously and, over the years, many people benefited from his knowledge and wisdom.

No-one was too junior for his attention.

Unlike many advocates, he did not have a speciality, but took on any matter which grabbed his interest, be it criminal, civil or constitutional.

Chairperson of the KZN Society of Advocates Barry Skinner said: “He had an almost photographic memory. He could phone his secretary from court and reel off the cases with page references that he wanted sent to him. He had a unique ability to think up novel points or approaches.”

KwaZulu-Natal judge president Achmat Jappie said Kemp had been threatening to retire, “but like most senior advocates, they always come back for one more interesting case”.

“I knew him for more than 25 years. He had the rare ability of making the most mundane point sound interesting. The judges liked him. He was well respected as a practitioner of integrity. He was down to earth and that was part of his charm.”

Adv Paul Jorgensen said Kemp never lorded over others, particularly junior members of the profession.

“But obviously, if you came up against him you knew you had a tremendous fight on your hands. It was rather like being in the U15 rugby side and playing the All Blacks. From him, I learnt to think out of the box. To step back and look at things differently.”

Socially, it took Kemp a while to warm up, but once he did, his humorous side came out.

Jorgensen recalled being his junior in a long corruption trial in East London some years ago.

Driving to court together, they passed a newspaper poster which proclaimed: “Zuma Lawyer Stars in Court.”

“Our instructing attorney commented that us ordinary folk just appear in court, while Kemp stars.”

Kemp responded: “That’s because I only come out at night.”

Jorgensen said Kemp was a keen cook who often shared recipes.

He could also talk authoritatively about almost anything.

“I remember him telling me about the origins of the Dorper sheep in South Africa.”

Friend Adv Stuart Humphrey said Kemp’s heart was in the Karoo, where he owned a farm.

“He would go for long walks and then return for a Calvados in the evening while whatever he was cooking, usually his excellent oxtail, was bubbling on the stove.”

Adv Griffiths Madonsela, SC, said Kemp taught most African lawyers who studied law at the University of Zululand in the 1980s, including chief justice Mogoeng Mogoeng.

“In those days, it was fashionable for white lecturers to fail students at every available opportunity — usually for the fun of it – and target, in particular, those who were activists.

“Kemp did no such thing. As a result, he endeared himself and was loved and respected by all law students of our era.”

Madonsela said Kemp was “in every big case”.

“He was legendary for his wit. He had the unique ability to take every point available for his clients and run it to all possible limits. He was a master at it. The term ‘Stalingrad’ in litigation is synonymous with his name.

“When he took silk, he led many juniors, including myself, and would never make you feel unworthy.

“I had him as my opponent in many cases. He was formidable. He never raised his voice in anger. We appeared together as opponents in his last appearance in the Constitutional Court in September 2020. What a gentleman.”