Momberg to sue the state for millions
Updated | By Sinethemba Madolo and Neo Motloung
Racist former estate agent Vicki Momberg is set to sue the state for wrongful arrest.
This comes after police released a statement in November saying there a warrant of arrest for Momberg for failing to appear in court after her appeal was denied.
She was then rearrested after handing herself over to authorities.
Momberg was convicted of four counts of crimen injuria after she called a black police officer the k-word 48 times following a smash-and-grab incident in 2016.
Now Momberg wants to take on Minister of Police Bheki Cele, Justice Minister Ronald Lamola, prosecutions head Shamila Batoyi and the magistrate who was presiding over the matter.
She suing for a total of R8,5 million for unlawful arrest and detention for 50 days.
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Momberg's lawyer Advocate Anesh Sukdeo says the police lied about the warrant of arrest and that the magistrate had no jurisdiction.
"The police did not have a warrant of arrest they framed the charges of breaching the warrant of arrest. The magistrates did not have jurisdiction to deal with the matter and had Vicki Momberg kept in prison.
"But the question that was raised in court was with the magistrates that had no jurisdiction in the matter which should not have been placed in front of the magistrate. It was wrong for the magistrate to have her incarcerated in prison.
"Her rights were violated, her rights to dignity, her freedom was taken away unlawfully and kept in prison for 50 to 51 days.
"My client is suing for some of R50 000 per day (in prison), that will amount to R2,5 million, malicious prosecution, wrongful malicious proceedings and dissemination of information. Which will amount to R8.5 million".
Sukdeo believes his client has a strong case.
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