Weekend Argus (Saturday Edition)
Officer holds no grudges against racist Momberg
However, he worries she’ll re-offend
EVEN though Vicki Momberg screamed the k- word at him over and over, Constable David Mkhondo has nothing against her. Mkhondo wants to make that clear; nor is he revelling in the fact she is the first South African to be sentenced to direct imprisonment for crimen injuria.
He is, however, concerned by Momberg’s lack of remorse. “She didn’t learn anything from this case. I’m worried that she could re-offend,” he said.
Mkhondo attended much of Momberg’s proceedings at the Randburg Magistrate’s Court, which led to her being found guilty on four counts of crimen injuria last year.
He is one of the four police officers targeted in Momberg’s racial outburst while trying to help her after a smash-and-grab incident in 2016.
On Wednesday, Mkhondo watched as Magistrate Pravina Rughoonandan handed down an effective two-year prison sentence to Momberg. “Justice was served. I was happy to see that. The (prosecution) did such a good job. The prosecutor (Yusuf Baba) never took his eye off of the case, and I thank him for that,” said Mkhondo.
However, even as Momberg spends her weekend in prison, pending her leave to appeal application against the sentencing and conviction next week, he is unsure about her prospects for success in overturning Rughoonandan’s ruling.
However, if she does manage to successfully appeal, Mkhondo said: “She’ll think she’s above the law. It will send a terrible message to others.”
He tells how, for more than two years, Momberg’s words undermined his self-confidence. With the help of his wife, colleagues and friends, he has rebuilt himself. The ruling was the final step, making him feel even more secure.
Momberg’s sentencing proceedings captured South Africa’s attention. “Ms Momberg, it does not give me pleasure to impose this sentence, it’s a sad day for me,” said Rughoonandan, who earlier explained why the previous non-custodial sentences against those who had been convicted of crimen injuria had not been an effective deterrent against would- be racists and bigots.
This habit and culture must change, innocent black people were violated.
The magistrate pointed out how the officers, in uniform and trying to perform their duties, had been stripped of their dignity and self-worth by the use of the k-word against them.
Throughout the trial, Momberg had claimed that after the smash- and- grab incident, she was so traumatised she was not aware of her behaviour. This defence, known legally as “sane automatism”, has rarely worked in the South African courts, with legal experts explaining to Independent Media only one court provided a not-guilty verdict to an accused using this defence in the past 15 years. For Rughoonandan, a lesser sentence on the four charges of crimen injuria would have opened the floodgates for this defence.
Shortly after Momberg was led to the cells below court to spend her first night in prison, Baba and National Prosecuting Authority spokesperson Phindi Mjonondwane welcomed the court’s ruling.
Mjonondwane explained that while others convicted of crimen injuria had been sent to prison, these sentences had always been combined with other charges, such as assault.
This had made Momberg the first person to be sent to prison for crimen injuria alone.
Baba hoped this ruling would be a warning to people of all races.
“People need to watch their tongues and realise there are consequences to their actions. Every race must take note of this judgment.”