Vicki Momberg sues state for R8.5m over ‘unlawful arrest’
Momberg was released on December 27 under Ramaphosa's special remission of sentences
Vicki Momberg, the first South African convicted and jailed for racist slurs, is suing the ministers of police and justice as well as the National Director of Public Prosecutions (NDPP) for R8.5m over her alleged unlawful arrest and detention.
The former realtor was convicted in March 2018 of using racist insults against a black policeman. She was found guilty of crimen injuria — wilfully hurting someone’s dignity — and sentenced to two years in jail.
Momberg’s lawyer‚ Anesh Sukdeo‚ said on Thursday that she intended to sue the departments after claiming her arrest on November 6 2019 was unlawful.
“The police lied and said they had a warrant of arrest against Miss Momberg. What they had instead was an order of apprehension‚ which is different from a warrant of arrest. When she appeared in court‚ the magistrate said she did not have jurisdiction over the matter‚” said Sukdeo.
He said Momberg was suing the departments and the NDPP for R8.5m; R2.5m of which was for unlawful arrest and detention; R1m for defamation‚ pain and suffering and anguish; R2.5m for malicious legal proceedings and another R2.5m for wrongful and malicious legal proceedings.
Sukdeo said his team had sent a notice to the ministers of justice and police‚ as well as provincial and national police commissioners.
Sukdeo said Momberg was in Durban but provided no further details. “She’s dealing with her life. She’s picking up the pieces she left behind.”
Lirandzu Themba‚ spokesperson for the police department‚ said they had not yet received correspondence from Momberg’s legal team.
Momberg’s racial tirade went viral in 2016. It shows her using the k-word more than 40 times against police officers and 10111 operators trying to help her after a smash-and-grab incident.
An Equality Court fined her R100‚000, ordered her to give a public apology and commit to sensitivity training and community service‚ in a parallel process lodged by the SA Human Rights Commission.
Momberg was released from prison on December 27 after the special remission of sentence announced by President Cyril Ramaphosa on December 16 2019.