Momberg likely to miss deadline to file opposing papers in contempt application

Convicted racist Vicki Momberg has not yet filed an answering affidavit in the contempt of court application launched by the Human Rights Commission for not complying with an Equality Court order.

Friday was the deadline for Momberg to file an affidavit stating reasons why she is opposing the application.

Momberg has failed to comply with an order made by the Equality Court in June last year‚ instructing her to pay damages of R100‚000 for using the k-word when addressing a police constable in 2016.

Momberg went on a racist rant shortly after being the victim of a smash-and-grab in Johannesburg. She hurled the k-word 48 times at police officers and 10111 operators who had tried to assist her following her ordeal. Her tirade was caught on camera and the video soon went viral.

The Equality Court also ordered Momberg to make an “unconditional” written apology to Constable Clement David Mkhondo‚ to publish the apology on social media platforms and on the South African Human Rights Commission's website.

Momberg’s failure to comply with all of the aspects of the Equality Court ruling prompted lawyers for Mkhondo and the Human Rights Commission - Cliffe Dekker Hofmeyr (CDH) - to serve contempt of court papers on Momberg last month.

In its contempt application‚ lodged with the High Court in Johannesburg‚ the commission and Mkhondo are seeking Momberg’s imprisonment for up to six months‚ suspended for two months.

CDH served Momberg with the contempt papers at the Randburg Magistrate’s Court last month‚ during the sentencing proceedings in the criminal matter in which she was found guilty on four counts of crimen injuria.

Momberg’s lawyers filed a notice to oppose the contempt of court application but requested that the deadline to file an answering affidavit be extended until Friday‚ April 6.

Tricia Erasmus‚ senior associate at CDH’s pro bono and human rights practice‚ said she received a call from Momberg’s attorney Kingdom Onah on Friday morning indicating he would write a letter requesting a further extension to file an answering affidavit.

“I received a call from her attorney this morning where he indicated that he will ask for a further extension. I have not received an email from him‚” Erasmus said.

Erasmus said she was awaiting the letter to see what length of extension Momberg’s lawyer was requesting before responding.

“I would then speak to our counsel and also take instructions from our clients before we respond‚” Erasmus said.

Last week‚ Momberg was sentenced to an effective two-year jail term in the criminal case.

She is currently in custody and will appear again next week to apply for leave to appeal against both her conviction and sentence.