Woman must pay for racist rant, Equality Court told
VICKI Momberg should be ordered to pay R150 000 to a policeman she racially insulted‚ the Equality Court heard yesterday.
A submission by Clement Mkhondo and the South African Human Rights Commission in their case against Momberg said courts had in recent years recognised the need to act firmly against racist conduct.
In February last year‚ Momberg‚ who is white‚ launched into an unprovoked tirade of racial abuse peppered with the k-word‚ directed against Mkhondo‚ a black policeman.
Mkhondo and two colleagues were on patrol duty when they drove into a parking lot of a shopping centre in northern Johannesburg after a vehicle driven by Momberg flashed its lights at them.
When Mkhondo got out of the patrol vehicle‚ Momberg pointed at him and called him a “useless k ***** ”. She used the k-word a number of times‚ a video that went viral last June showed.
Mkhondo laid a complaint of crimen injuria. That criminal case is under way and will resume on Friday at the Randburg Magistrate’s Court.
He also approached the Equality Court where he asked for an order declaring that Momberg’s statements against him constituted hate speech.
The Equality Court‚ sitting in Randburg‚ heard closing arguments yesterday following testimony in February.
Counsel for Mkhondo and the commission Usha Dayanand-Jugroop said Mkhondo had testified that Momberg should pay damages because her conduct constituted hate speech and that she could not insult people.
She said Mkhondo had made out a case that his dignity had been infringed and that he had suffered emotionally as a result of Momberg’s tirade.
Momberg’s lawyer, Joe Davidovitz, said the reason Momberg testified was to allow the court to determine whether there had been intentional hate speech on her part.
“She was a victim of a vicious attempted hijacking and a smash and grab. We must begin there‚” Davidovitz said.
“Momberg suffered and this crime was committed by a black person. She was also a victim.” Judgment will be passed on June 8.