Wednesday, 25 July 2018

Vicky Momberg and Justice

South Africa experienced a dramatic leap in the direction of injustice, or, should one say, unidirectional justice recently, with the sentencing of Vicky Momberg to three years imprisonment for the repeated use of the ‘K-word’ while she was in a state of shock and anger after she had experienced a smash-and-grab attack in Johannesburg.

The facts of the case are simple. Momberg was driving her car when a Black thief broke a window and stole some goods from it. When she called the Police Emergency, she used the K-word, and then again when she was being assisted by the Police.

There can be no doubt that her aggressive nature was aggravated by the smash-and-grab. These attacks are common in many cities of South Africa, to the extent that motorists, particularly lone women drivers, are repeatedly warned in the Press to beware of men loitering at intersections, particularly exits from motorways. Disregarding these potential attackers is a routine in Police circles. Many motorists near Police vehicles have counted as many as thirty or forty ‘vendors’ loitering in these crime hotspots, all of whom appear to be invisible to the Police. A smash-and-grab attack on one’s car is always expensive, with the window in question having to be replaced, and it is not uncommon for a lone motorist who resists the crime to be physically assaulted with a knife or other sharp object, or with a club. The criminals who ‘earn’ their living in this way do not wish to endure the inconvenience of being arrested and then having to bribe the Policeman in order to continue with the night’s work. A smash-and-grab attack is not a petty crime, yet nothing seems to be done by the authorities to prevent it, and very few, if any, criminals are ultimately brought to book. However, it appears that the use of a single word is enough to galvanize the ‘justice’ system into action.

One can easily understand Momberg’s state of agitation after the crime. The facts of her ‘assistance’ by the Police have not been published, but anyone who has dealt with the Police in South Africa must know that it can be a harrowing experience. Not every Policeman is incompetent or corrupt, but there are enough of those deviants in the SAPS for an average citizen to hold the view that the Police are not there to help you. Whatever the facts of the event may be, Momberg’s state of agitation was not ameliorated by her dealings with the Police, and she gave vent to that state by demanding that she be dealt with by a White Policeman. One can only speculate whether that would have improved matters. Generally, a good cop is a good cop, whether White, Black, Indian or Colored, and a bad cop is a bad cop, but even the good cops are not known for their intelligence or understanding of the laws.

Momberg was ordered by the Equality Court to pay R100 000 to the offended Policeman, and she was then brought before the Magistrates Court for the same offence, and sentenced to three years imprisonment, with one year suspended.

While one cannot sympathize with Momberg, who used a racial slur, one cannot fail to be shocked by these judgments, particularly in light of the fact that no Black, such as Julius Malema (“we’re not threatening to kill all Whites – yet”) and Jacob Zuma (“one Boer, one bullet”, “White Monopoly Capitalists” and numerous others) have been ordered to compensate the aggrieved victim of a racial slur, or been sentenced to prison. It is even more disturbing in the light of the sentence initially handed down to Oscar Pistorius for the culpable homicide of his girlfriend, by shooting four times at her through a closed door. He was sentenced to five years, and the parole conditions required that he spend only ten months – less than a third of Momberg’s sentence – in prison. The Pistorius sentence was increased on appeal, when the finding was changed to murder, but it seems to make little sense that a simple word, albeit one that has gained a particular meaning quite different in post-Apartheid South Africa, from its original meaning, which was quite innocuous, has a greater impact than the intentional firing at close range of four bullets, designed to kill or maim, with the result that a young woman died. The Court also seemed to ignore the effect of the extreme stress in which Momberg found herself after a life-threatening experience. That stress is a normal state for many South Africans, with murder at the highest rate of any city in the world, rapes occurring every four minutes, and a Government that seems to be bent on enriching the few connected persons at the cost of the vast majority of the people. The Court also seemed to ignore the gross disproportionality of the sentence to the offending act, as well as the fact that the ‘victim’ had already been granted a disproportionately high compensation for his suffering – how many of your words are worth R100 000 (nearly $10 000) each, to the person listening to you?

There seems to be no doubt that Momberg will appeal, but the question remains: Have the Thought Police become effective in South Africa, when all other forms of law enforcement, including the Priority Crimes Investigative Unit, the South African Police, the National Prosecuting Agency and even Parliament have proven themselves to be close to valueless in combatting real crime? Has the precedent now been established that only White people can be racist?

This judgment is the start of a long and slippery slope into a condition of biased and arbitrary laws in South Africa, aimed at the White population (this case is not the first in this line. The Black Empowerment laws have done a very good job of depriving virtually any qualified young to middle-aged White man of employment) This is reverse Apartheid by stealth, one step at a time. This happens at a time when similar laws protecting certain classes of person against criticism are being enacted in several African countries, a time when even the President of the United States can be called a moron by the Secretary of State without a right to redress.

And Africa wants a Permanent Seat on the United Nations Security Council?

Cry the Beloved Country.

No comments:

Post a Comment