Momberg's application for leave to appeal against conviction and sentence dismissed

The Randburg Magistrate's Court has dismissed an application by racist Vicki Momberg for leave to appeal against her conviction and also her two year sentence.

Momberg's conviction this year on four counts of crimen injuria and two-year jail sentence followed a racist rant by Momberg in February last year 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 following her ordeal. Her tirade was caught on camera and the video soon went viral.

Magistrate Pravina Rugoonandan said on Wednesday - after hearing an application by Momberg which was opposed by the state – that she was of the view that there was no prospect that another court might come to a different finding on Momberg's conviction and sentence.

She disagreed with Momberg's lawyer's assertion that the sentence was harsh‚ inappropriate and induced a sense of shock.

She said the use of the k-word was unique in the South African context and that the word had a history of a painful past of emotional abuse.

She said the use of the k-word was an ultimate form of disrespect in a country where there was an expectation that all should respect each other.

"The sentence was fair‚ just and appropriate. I do not think another court will find differently in respect of sentence.

"There are no prospects of success on both the sentence and conviction. The application is therefore dismissed‚" the magistrate said.

National Prosecuting Authority spokeswoman Phindi Louw-Mjonondwana welcomed the court's decision and said the state held the view that it had discharged its duty of proving its case against Momberg beyond reasonable doubt.