Johannesburg - The application by the defence to withdraw working with Vicki Momberg, who was seen on camera calling a black police officer who was attempting to assist her the k-word, was denied by the Randburg Magistrate's Court on Tuesday.
In February, Momberg, 48, was caught on camera calling a police officer the k-word while he was assisting her following a smash-and grab incident in North Riding in Johannesburg. At her previous appearance, the State said Momberg was seen on the video using the derogatory K-word 48 times.
State prosecutor Yusuf Baba said he had received a notice from the defence, Advocate Joe Davidovitz, saying that they wanted to withdraw their services as the situation between his firm and Momberg had become untenable and she had no confidence in them.
"I'm happy to take their withdrawal, they are not representing me and don't keep appointments, and they don't take instruction and the attorney has lied in this court. They have not met their commitments to me," Momberg told Magistrate Pravina Raghoonandan when she was asked to give her response to the request by her legal representatives.
Raghoonandan was visibly agitated as Momberg was uncooperative, even telling the magistrate to "wait" when she asked her questions.
"Are you bordering contempt of court! Put that pen down! Do you accept their withdrawal or not?"
Earlier, Davidovitz put his request on record, saying: "I have ethic duty to withdraw, I find it untenable to continue, Miss Momberg gave me conflicting instructions as to how to present the heads of argument. We have not prepared them.
Baba said: "Nothing seems to amaze me but we have to be ethical, two weeks ago I contacted Mr Davidovitz and gave him the electronic arguments and I made her come on Friday to sign that she had received the transcript."
Baba then listed the various times that Momberg had changed her legal representatives, which he described as a "clear trend" that she does not get along with any attorney that worked with her.
"Notice can only be given once," he told the court.
"The record speaks for itself, the record says one thing and she says another. Miss Momberg is the issue."
Momberg continued to defend herself, accusing her council of being at a pub when she called them to discuss the matter.
Raghoonandan denied the application by the defence to withdraw.