Vicki Momberg will sue the ministers of police and justice as well as the director of the National Prosecuting Authority for R8.5m. The lawsuit is for unlawful arrest, detention, and malicious prosecution.
Netwerk24 reported that Momberg’s legal representative, Anesh Sukdeo, said that they served notices to the ministers.
“The letters have already been sent out via e-mail and registered mail,” he said.
Sukdoe says the legal action stems from events on November 6 when Momberg was arrested without a warrant by members of the Douglasdale police station.
He said this happened without the police having the proper documentation or procedure.
“There was no warrant for Momberg’s arrest. What they did have was a detention order that only applies to section 297 of the Criminal Procedure Act.
According to Sukdoe, after 60 days, they will continue legal proceedings and serve summonses if they do not receive feedback.
“Vicki’s right to dignity was violated, she was detained without trial and it is equivalent to draconian laws. Her fundamental rights have been violated by those who need to protect it, ”the notice states.
Momberg claims R2.5 million for unlawful arrest. That is R50 000 per day for 50 days – for every day she was in custody from 6 November to 26 December.
She also claims a further R1 million from the police and the director of the NPA for slander, pain and suffering, anxiety and false information released to the media that she is a refugee, flight risk and wanted person and that the police ‘ issued a warrant for her arrest.
Momberg also claims R2.5 million for malicious legal proceedings and another R2.5 million for malicious litigation.