There's been a great deal of debate in the media and on social media following the sentencing of former estate agent Vicki Momberg on Wednesday.
Momberg was sentenced to three years in jail with one year suspended after being found guilty on four counts of crimen injuria.
She's the first person in South Africa to be jailed following a conviction on those particular charges.
Lawyer Tyrone Maseko confirms that there hasn't been any conviction of crimen injuria resulting in direct imprisonment. Read: Getting to grips with the legalities in the Vicki Momberg case
We have to remember that sentencing is a preserve of the presiding judicial officer having considered a number of factors which are germane to that particular case.— Tyrone Maseko, Attorney at T Maseko Attorneys
What stands out in this case is that Momberg was unrepentant, she didn't show any remorse. That really angers the court, especially if you go through a drawn out trial in which you are found guilty and still you are not repentant.— Tyrone Maseko, Attorney at T Maseko Attorneys
It does get to instances where the court wants to lay down the law and make an example for other perpetrators— Tyrone Maseko, Attorney at T Maseko Attorneys
Maseko also commented on remarks made by EFF leader Julius Malema about white people, whether these can be seen as racist and, if so, why he hasn't been convicted.
I suppose one could lay complaint about the utterances of Julius Malema and the court could very well find that they amount to crimen injuria.— Tyrone Maseko, Attorney at T Maseko Attorneys
Everyone has an inherent right to self respect and not to have your self respect invaded by another in a manner that is unlawful.— Tyrone Maseko, Attorney at T Maseko Attorneys
To hear more of Maseko's analysis of Vicki Momberg's case, listen below:
This article first appeared on CapeTalk : Crime and punishment: Vicki Momberg's landmark sentence explained