Momberg denied bail, pending leave to appeal
Former real estate agent Vicki Momberg has been denied bail pending her leave to appeal, in the Randburg Magistrate's Court. This comes after Momberg was sentenced to three years in prison. One year is suspended for three years, on condition that she is not convicted of crimen injuria. Defence lawyer Kevin Lawlor submitted that Momberg be released on bail following her sentence.
"My submission is right here and now, your worship as a discretion to release my client on bail," Lawlor told the court.
State prosecutor Yusuf Baba argued that Lawlor was "wrong in law".
"The law states that you cannot bring any bail application prior to an appeal procedure," Baba said.
Magistrate Pravina Rugoonandan said there was no sub-standard application before court to grant bail. The matter was postponed to April 4 for an application for leave to appeal.
Momberg was found guilty of four counts of crimen injuria on November 3 last year in connection with a 2016 racist tirade, which started when she lashed out at a black police officer who had come to assist after an alleged smash-and-grab incident in Northriding, Johannesburg.
In a video clip that went viral, Momberg could be heard complaining about the "calibre of blacks" in Johannesburg.
She used the k-word 48 times during the now infamous rant. News24
Update:
Vicki Momberg sentence gives South Africans hope that 'law is on their side' – NPA
28 March 2018
The National Prosecuting Authority (NPA) says the Vicki Momberg judgement sets a precedent for other racial related cases.
NPA spokesperson Phindi Mjonondwane was speaking after Momberg was sentenced to an effective two years in prison by the Randburg Magistrate's Court on Wednesday.
The court sentenced her to three years, with one year suspended. That year was suspended for a period of three years, on the condition that she did not commit the offence again.
Momberg was also denied bail, pending her leave to appeal the sentence.
"It is very crucial for us as the rainbow nation to coexist with one another, to respect one another. We, therefore, believe that this ruling is giving hope to all South Africans that the law is on their side," Mjonondwane said.
On November 3, Momberg was found guilty on four counts of crimen injuria in connection with her rant, which started when she lashed out at a black police officer who had helped her after an alleged smash-and-grab incident in Northriding, Johannesburg.
In a video clip that went viral, Momberg could be heard complaining about the "calibre of blacks" in Johannesburg.
Momberg stood unmoved in the dock and repeatedly wiped her tears when Magistrate Pravina Rugoonandan read her judgment.
Yusuf Baba, the leading prosecutor in the matter, said it was time for the Hate Speech Bill to be enforced.
"Looking at our courts and the number of increases in respect to these offences, it is time a loud message is sent to every race, every person in the country, that this can't go on any longer," Baba said.
Baba described it as the worst crimen injuria case he had ever dealt with.
"The rule of law has proven today [Wednesday] that the Constitution is above all else and needs to be respected. People need to watch their tongues before they talk, there are consequences for your actions," Baba said.
The Momberg case and ruling needed to be used to send out a strong message, he added. News24
