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Phuti Khomo’s R30m lawsuit explained
Phuti Khomo is seeking R30 million in damages from Tsogo Sun after claiming that they unlawfully used her image to advertise a product.
Phuti Khomo. Picture: Instagram
Former Miss SA teen title holder Phuti Khomo is suing hotel chain Tsogo Sun for an eye-watering amount of R30 million after claims that the hotel chain’s gaming arm used her image for promotional purposes without obtaining the proper consent.
According to a report by Sunday World, the beauty-queen-turned-actress and entrepreneur obtained combined summons against Tsogo Sun at the Joburg High Court in September, after her initial letter of demand was ignored.
‘They used my image’
The publication cited legal papers in which the former Muvhango actress outlined how the images of her were obtained.
According to Khomo, she was invited to a promotional event at Monte Casino and Hotel in Fourways by Tsogo Sun a few years ago.
She and other guests were then shown around the premises, shown their newly renovated facilities and educated on the benefits of the casino’s rewards cards.
Khomo and other guests were photographed during this time and she claimed, in her legal papers, that the casino did not give any reason why the employees were taking these pictures or what their intended purpose was.
The face of Tsogo Sun rewards
In her presentation to the court, Khomo said she later discovered in January 2020, that Tsogo Sun was using her image, name and likeness on its website as an ad for the aforementioned rewards cards.
She further argued that the hotel chain’s actions led to her image being used by other publications to promote its products. Publications that had no tacit or written consent to use her name, image and likeness on its website.
“As the results of the publication, advertisement and promotion and marketing by the defendant, the defendants violated the right of the plaintiff and further caused harm to her brand and image,” read the papers.
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Khomo further said the use of her name, image and likeness infringed her constitutional right to privacy, reputation and dignity. She also added that the use of her image in relation to the rewards programme was misleading as it gave the impression she endorsed the company’s products and facilities.
Financial losses
Due to her status as a public figure, she told the court that her image, name and likeness were of proprietary value to her and that she suffered financial losses as a result of Tsogo Sun’s actions. Losses in the form of not being able to work with other businesses due to her perceived association with the hospitality chain as well as losses in the form of a loss of income from appearing in such a campaign.
According to Khomo, she was not able to charge the hotel chain for use of her image as she normally would for such an exercise because no formal agreement was signed by either party.
“The plaintiff has lost opportunities with other competitors of the defendant as they associate her name, image and likeness with that of the defendant (sic). The defendant further derived profit from the use and publication of the use of the plaintiff’s name, image and likeness to promote their product and facilities. As the further result, the plaintiff suffered damages in the amount of R30 000 000,” read the papers.
The publication broke the R30 million request for relief as follows:
- R10 million for actio iniuriarum (right to dignity)
- R10 million for constitutional damage
- R10 million for the past, present and future loss of earnings.
Tsogo Sun remains mum
Tsogo Sun Gaming’s representative Gareth Kaschula had not responded to requests for comment from The Citizen at the time of writing.
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Compiled by Kaunda Selisho
