Momberg's racist rant against 10111 operators

Emotional response was from victim of a crime, says lawyer

01 April 2018 - 00:01 By KYLE COWAN

"Quite frankly, I hope whichever car I smash into that I kill every single k****r that is in that f*****g car."
This is one of the shocking comments made to a 10111 police call centre operator that contributed to the conviction of Vicki Momberg following her racist meltdown after being the victim of a smash-and-grab incident in North Riding, Johannesburg, in February 2016.
A video of her rant at police officers on the scene went viral, but the recording of Momberg's four phone calls to 10111 reveals the extent of her abusive comments.Although the calls were played once in court, no transcript was added to the court papers and the recording was never released, until now.
Three of the four crimen injuria charges Momberg, 49, was found guilty of related to her call to 10111. The fourth was in connection with her tirade against police officers trying to assist her at the scene.
On Wednesday, Momberg, who had pleaded not guilty to all charges, was sentenced to three years in prison, with one year suspended, by the Randburg Magistrate's Court.
Her final 10111 call contains the worst of the abuse. "Is this a white person speaking?" a panicky Momberg can be heard asking.
The operator, who remains calm and professional throughout the ordeal, responds in the negative, and asks how he can assist.
"I've got a problem, I have been smash-and-grabbed at 14th Avenue. I am so nervous to drive anywhere I am just driving in circles. I am going to cause a major accident.
"At the moment I am ... I am ... I am going to smash someone, because there is nothing I can do. I don't care where I go. I am missing the cars by a fraction. And quite frankly, I hope whichever car I smash into that I kill every single k****r that is in that f*****g car."
She also refers to a petrol station as a "k****r station" when asked if she is near a well-known service station on Malibongwe Drive. "I don't know, I don't know," she says. "I am just driving because if I drive into the k****r station ... petrol station ... it's just f*****g k*****s everywhere and I can't trust a single one of them."The operator then confirms that a unit would be sent to assist her.
"Please don't send a bunch of k*****s, because I do not want to deal with a f*****g k****r. So send me white people or Indian people, but don't send me a k****r," Momberg ranted.
She is the first person to be jailed for crimen injuria in South Africa. During sentencing, magistrate Pravina Raghoonandan said the jail term was an "inevitable" outcome.
"Some may think the sentence is harsh [but] it must send out a clear message for people who use the K-word. The crime of crimen injuria is generally not considered a serious offence; it depends how a particular person's dignity has been impaired."
Momberg is being held at Johannesburg's Medium B prison, where she will be able to receive her first visitor today.
On Wednesday, Momberg will apply for leave to appeal against the sentence.
Historically, crimen injuria carries a sentence of a fine, community service and a suspended sentence.
A source close to the case said the 10111 recording had been released in the hope that those who felt the sentence was unfair could learn "the truth about this case".
While Momberg's sentence was largely welcomed, it was labelled as "proof of double standards" regarding race in the country by some, including AfriForum.
Momberg's lawyer, Kingdom Onah, said on Friday that he and his client were prepared to use every court at their disposal to fight the sentence. "This is a charge of crimen injuria ... we were looking forward to receiving a noncustodial sentence. Hence we are appealing. We are definitely not happy with the sentence. We are prepared to take the matter all the way."
Onah said if leave to appeal was granted, Momberg would apply for bail in the same proceedings. "But if leave is denied, we will take our application to the high court ... Vicki Momberg was the victim of a crime, and that is what prompted all this. If the person is a victim of a crime, circumstances can lead to a different reaction."
DEFINITION OF CRIMEN INJURIA
A wilful injury to someone’s dignity, caused by the use of obscene or racially offensive language or gestures...

There’s never been a more important time to support independent media.

From World War 1 to present-day cosmopolitan South Africa and beyond, the Sunday Times has been a pillar in covering the stories that matter to you.

For just R80 you can become a premium member (digital access) and support a publication that has played an important political and social role in South Africa for over a century of Sundays. You can cancel anytime.

Already subscribed? Sign in below.



Questions or problems? Email helpdesk@timeslive.co.za or call 0860 52 52 00.