Convicted racist Vicki Momberg will keep her current lawyer - for now
Image: Alon Skuy
The Randburg magistrate's court has turned down an application by the lawyer representing convicted racist Vicki Momberg's to withdraw as her attorney until her matter goes on appeal.
Magistrate Pravina Raghunandan said the South Gauteng High Court would have to hear Kingdom Onah's application to withdraw as her lawyer when the matter goes on appeal in March. Momberg wants to appeal against her conviction and sentence.
On Wednesday, Onah told the court that his firm had resolved to withdraw as Momberg's attorney of record after she failed to give further instructions in preparation for her upcoming appeal at the high court.
The former estate agent was caught on camera hurling the k-word at black police officers and 10111 operators after she was the victim of a smash-and-grab incident in 2016. She used the k-word more than 48 times. The clip went viral and Momberg was arrested.
In March 2018, she was sentenced to three years' imprisonment‚ one of which was suspended on condition she was not found guilty of a similar crime within three years.
Momberg is currently out on R2‚000 bail‚ pending the outcome of her appeal. She was released in August 2018 after serving four months of a two-year sentence.
Onah earlier told the court that Momberg had ignored several requests to get an undertaking from an advocate who will represent her in the appeal in March.
"I wish to bring an application to withdraw as attorney of record in the matter. We sent a letter requesting a signed brief from the said advocate, but it was not forthcoming," said Onah.
"We have submitted all the paperwork at the high court, except heads of argument.”
In a letter sent to Momberg dated November 14, which was read out in court, Onah reminded her that she had not given his office a signed copy of the brief to advocate Anesh Sukdeo in which he confirmed to "prosecute" the appeal on a pro bono basis.
"Considering that we have not received any response on the aforementioned correspondence, Onah Attorneys Incorporated has resolved to withdraw its services and as such shall henceforth deliver its notice of withdrawal as attorneys of record," the letter read.
Onah said he was representing Momberg on a pro bono basis and that he wanted Sukdeo to confirm that he would also do the same.
Momberg said it was late for Onah to withdraw, "because I have to brief another lawyer".
Raghunandan ordered Momberg to bring a letter from Sukdeo confirming that he will be representing her. Following an adjournment, an SMS from Sukdeo confirming that he would be representing Momberg was read to the court.
The matter was postponed to March 18 for the appeal to be heard in the high court.