Convicted racist Vicky Momberg sits in the dock at the Randburg Magistrates Court on 11 April 2018. Momberg appeared back in court during a sentencing appeal. Picture: Yeshiel Panchia
A police officer accused of calling his subordinates the ‘k-word’ on multiple occasions will appear in court on Tuesday, News24 has reported.
Captain JM Henrico, who has been the subject of various complaints dating back to 2016, will face charges of crimen injuria at the Pretoria Magistrates’ Court.
Lawyers for Human Rights (LHR) released a statement about Henrico’s conduct, which allegedly includes using the ‘k-word’ as well as other forms of verbal abuse.
“Black police officers at the Pretoria police station have filed various internal and criminal complaints against Captain Henrico for numerous acts of racism against them,” LHR said.
LHR added the National Prosecuting Authority’s (NPA) decision to proceed with a criminal trial in the matter offered hope for the officers and sent a strong message that racism had serious consequences.
READ MORE: Vicki Momberg sentenced to an effective two years behind bars for her racist rant
“Racism has no place in our post-democratic South Africa, particularly not in the very institutions charged with protecting the rights of all South Africans and being the custodians of the equality clause of our Constitution,” LHR attorney Wayne Ncube said.
Crimen injuria, under South African law, is defined as “a willful injury to someone’s dignity, caused by the use of obscene or racially offensive language or gestures”.
In March, Vicki Momberg became the first person in South Africa to be sent to jail for this offence. The estate agent was sentenced to three years in prison (one suspended) for using the ‘k-word’ repeatedly while addressing police officers who were trying to help her after a crime.
The crime of crimen injuria, which is unique to South African law, has been treated less severely in the past, making the Momberg case a landmark one that sets a new precedent for how harshly these forms of verbal abuse can be punished.
Asked about the law’s significance, legal expert Penelope Andrews told the Mail & Guardian “the law establishes that anyone using the ‘k-word’ publicly to abuse and humiliate will be severely punished”.
She continued: “One could argue that there is now an unequivocal zero tolerance for the use of the ‘k-word’.”
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