Johannesburg - After two adjournments the Randburg Magistrate's Court on Wednesday denied convicted racist Vicki Momberg bail pending a leave to appeal application.
Earlier Magistrate Pravina Raghoonandan sentenced Momberg to three years imprisonment with one year suspended, meaning she would only spend two years in prison. The year suspended on her sentence is on condition she does not repeat the offence. She said Momberg failed to show any remorse for her offensive conduct.
Momberg, the first person to be jailed in South Africa for a racist rant, will next week on Wednesday, 4 April, apply for leave to appeal application.
A video in 2016 in which she is repeatedly heard using the K-word when addressing a black policeman. The constable had been trying to assist her after a smash and grab incident.
On Wednesday Advocate Kevin Lawlor for Momberg told the court that it was the courts discretion to grant her bail despite the accused being sentenced.
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State prosecutor Yusuf Baba argued against the bail application prior to an appeal procedure because the court had to apply it's mind on whether such appeal had any prospects of success.
"We welcome the sentence as the NPA it up hold the hill of rights. This is a land mark case and filling and has set presidence for other race related cases" Phindi Mjonondwane said following proceedings.
"It's time for the hate bill is enforced, this can not go on any further. This is the first time someone asking for assistance was abusive to every body. The recordings were harsher than the footage itself," Baba said.
"This case warranted direct imprisonment and this case has proven that the rule of law should be respected," he said.
"People need to watch their tongues before they talk there are consequences for your actions. Harsher sentences needed to be given because there were racial incidents on a daily basis."
"It's crucial for us to respect one another..peoold should not be ashamed about bringing forward racial matters," Mjonodwane said.
"In other cases Crimen injuria was coupled with other charges, it's the first time it's being sentenced on its own hence we say it's a land mark case."
Momberg was found guilty on four counts of crimen injuria.
After listening to arguements in favour and against the granting of bail, Magistrate Raghoonandan, who adjourned the matter twice, ruled against freeing Momberg.
In June 2017, the Equality Court awarded damages of R100 000 to Constable Clement Mkhondo for the verbal abuse he suffered from Momberg,who was a realtor at the time.
The court said that Momberg was found to have been in a state of mind where she could appreciate the wrongfulness of her actions, and was able to target her abuse at her victims.