Convicted racist Vicki Momberg in the Randburg Magistrate's Court. Picture: Lindi Masinga/ANA

Johannesburg - Social worker Daphnie Naidoo told the Randburg Magistrate's Court on Friday that whether convicted racist Vicki Momberg liked it or not she would have to apologise.

"The accused does not show remorse at this stage," Naidoo said during cross examination by State prosecutor Yusuf Baba.

In February 2016, Momberg, was seen on a video shouting racial slurs at police officers while they were assisting her after she was involved in a smash-and-grab incident. She was found guilty of four counts Crimen injuria in November last year.

Naidoo said the report was conducted after it was requested Advocate Kevin Lawler, for Momberg.

Baba questioned Naidoo about the probation officer recusing herself after she was insulted by Momberg.

Naidoo said the only traumatic experience Momberg experienced after the smash-and-grab incident was through the media and being in court.

"There was no trauma yet the probation officer was a victim and degradation?" Baba asked.

Naidoo responded saying: "Yes".

During the trial, Momberg said she shouted racial slurs at the police officers and 10111 operators because she was traumatised and would not have insulted them under "normal" circumstances.

Naidoo said Momberg referred to her colleague -- who described her as a danger to society -- as a character witness because she was hoping he would only mention the positive side of their relationship.

Earlier, the court heard a comment made by Momberg's colleague where he said "she is a lunatic who can't be trusted and after knowing her for years I do believe she's racist." 

Naidoo added, "Going forward the court has to ensure that the sentence is progressive. It's difficult to come where we had apartheid but when there's law, the is prevalent."

Naidoo said that she contacted the Johannesburg prison and they said they had the manpower to cater for the sentence she prescribed for Momberg.

She prescribed that Momberg undergo no less than 100 hours and not more than 2000 hours periodic imprisonment.

Baba asked whether Momberg deserved sympathy after using the k-word 48 times.

"As much as it is serious, whatever sentence is given needs to be considered carefully," Naidoo said.

Lawler put it to Naidoo that an apology was made to one of the officers she offended through her legal representatives.

Naidoo responded, "The order was made that it had to be made on the Human Rights Commission website." 

Naidoo added that she was not sure what process and time frame was set for the apology.

Lawler argued that Momberg did use the prescribed mediums of where to apologise.

Lawler added after taking instruction from Momberg that she denied insulting the probation officer and that they had been communicating with each other via telephone.

Naidoo said that that was not true as the probation officer had a signed document describing her experience with Momberg and a telephone call was made in the presence of Naidoo notifying her that she was no longer dealing with her matter.

Baba told the court that he would be calling the probation officer to give evidence on the alleged telephone calls between herself and Momberg. 

Matter postponed to March 16.

African News Agency/ANA