Author and media personality Jackie Phamotse has been found guilty by the Randburg Magistrate’s Court of defaming former Miss SA and TV personality Basetsana Khumalo, who was at court for judgment on September 19.
The charges Phamotse was found guilty of included two counts of crimen injuria, one count of defamation and one of contempt of court.
On June 5, 2018, Phamotse tweeted that she had overheard a conversation between a businesswoman and one of her friends about a video depicting her husband engaging in sexual activity with another man. When her followers linked the tweet with the Khumalos, Phamotse responded with a laughing emoji and said ‘I love it’ and did not refute this.
National Prosecuting Authority regional spokesperson Phindi Mjonondwane explained that Romeo Khumalo testified that the tweet was deeply hurtful, and it caused enormous irreparable damage to his reputation and that of his business.
“Basetsana Khumalo testified in court that the tweet made her feel raw, attacked, violated, and insulted,” Mjonondwane explained.
“Basetsana approached the harassment court and was granted a protection order against Phamotse, but that didn’t stop Phamotse’s onslaught.”
On February 22, 2019, she published a book titled I tweet what I like so sue me, in which she violated the protection order.
“On the cover of her book, she referred to a case number that relates to a case registered by Basetsana against her, seeking a protection order. On page 105 of the book, the accused suggests that the Khumalos have a lot of money and paid the magistrate to rule in their favour. In court, Phamotse testified that she published the tweet as part of her writing process. She further stated that she did not intend to cause harm to anyone.”
Senior public prosecutor Yusuf Baba argued that Phamotse’s actions had no regard for the complainants’ rights to privacy and dignity. Furthermore, her actions were intentionally aimed at injuring the reputation of the family, he said.
“The NPA welcomes the judgment and hopes that it will serve to educate the public about the repercussions of using social media irresponsibly. Many people fall victim to cyberbullying and the judgment serves to empower the prosecution in its fight against such crime.”
Sentencing will take place on October 24.
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