Vicky Momberg: Convicted racist to serve the rest of her sentence

Former real estate agent Vicky Momberg caused a media uproar this week after authorities claimed that they “don’t know where she is”, and issued a warrant for her arrest.

“Racist on the Run”

At the time of her ‘disappearance’, Momberg had served four months of a two-year jail sentence. Momberg was given until the end of July to file her grievances with the Supreme Court of Appeal.

Her application for appeal was dismissed earlier this year, and failure to file grievances meant that she had to appear at the Randburg Magistrate’s Court by 1 August. Failing to do so, a warrant was issued for her arrest.

Needless to say, ‘racist on the run’ and ‘run Vicky run’ soon trended on Twitter. Some believed that she was hiding in Orania, while others complained about the ‘injustice’ of her trial.

Momberg’s arrest

Momberg resurfaced earlier this week and claimed that she wasn’t on the run. According to Momberg, she has been “out and about in Durban openly over recent days”.

She claimed that her attorneys – her chequered past with her legal team aside – were in touch with the National Prosecuting Authority of South Africa (NPA) and that documents for an appeal had already been filed.

Back in June, NPA Spokesperson Phindi Mjonondwane explained that if her case in the Supreme Court of Appeal fails to take place, the mandatory appearance before the magistrate would serve to re-start her sentence. And that has come to pass.

The case reached its culmination on Wednesday 6 November when Momberg handed herself over to the police. Her lawyer, Anesh Sukdeo, argued that the court did not stipulate that the 30-day period excluded public holidays and weekends.

He said the NPA had no right to issue and warrant of arrest, and that by doing so, the NPA “violated her rights.” The application was denied and Momberg remains in custody as of 6 November.

According to the NPA, the warrant of arrest was lawfully issued. When Sukdeo asked the court to “consider the accused violation of her rights,” Magistrate Pravina Rugoonandan responded:

“I cannot set aside my own order. This is my signature on the order.”

Vicky Momberg’s ‘claim to fame’

Momberg shot to fame in 2016 when she was caught on camera shouting the k-word 48 times after an alleged smash-and-grab incident in Northriding. She was convicted of four counts of crimen injuria.

According to South African Human Rights Commission (SAHRC) spokesperson Gail Smith, Momberg’s case was a criminal matter:

“Momberg was found guilty of criminally violating the dignity [of the police officer] through the use of the k-word.  The Equality Courts do not deal with criminal matters and so, do not do crimen injuria matters. The aim is restorative justice – and educative, so people understand Section 9 of the Constitution and that equality and dignity are human rights, and that violations [of] these can be taken to court.”