“Business transactions that my husband and I were pursuing were suddenly called off and cancelled. Very few wanted to associate with us because of the lies that had been spread by Ms Phamotse. We lost a lot of family and friends at a very low time in our lives, and this also added to the emotional distress and trauma that we had already been going through.”
This is part of the statement by Basetsana Kumalo, which was read in court on Tuesday as she called for jail time for her accuser and author, Jackie Phamotse.
In September, Phamotse was found guilty of defaming Kumalo and her husband, Romeo. She was found guilty on two counts of crimen injuria and contempt of court. On Tuesday, Basetsana Kumalo was fiery as she agitated for a heavy sentence for Phamotse who alleged on social media in 2018 that she and Romeo tweeted in 2018 that there was a sex video involving Kumalo and her husband Romeo with a celebrity boy.
“My family and I were devastated that our very own friends could share these horrible stories about us, and even more devastated that some of them believed it,” Kumalo, former Miss South Africa, said.
Financial and emotional toll
Kumalo further emphasised the financial and emotional toll the case had taken on her family, detailing the extensive legal expenses, loss of income, and necessity to relocate to Cape Town to escape the shame and scrutiny.
She emphasised the long-lasting harm that Phamotse’s tweets had caused, which is still affecting their online reputation and public perception.
Kumalo urged the court to consider the broader implications of cyberbullying and to send a clear message that such behaviour will not be tolerated in society. She emphasised the need for justice not only for her family but for all victims of cyberbullying, citing the potential impact on mental health and even suicidal ideation.
“The last five years have been a living nightmare. I had to go for therapy for the trauma and I am still in therapy. This is while raising our kids, whose innocence had been yanked away from them. As a mother, it had been painful thing to watch, and I have suffered great trauma because of these crimes.
“I felt violated and attacked, and at times, even though her tweet had not been true, I was ashamed to show my face in public. Her tweets made me look like a woman with no values, principles and morals, and being an elder at church did not make this any easier.
My life will never be the same
“The grotesque nature of her tweet left one hurt, broken and violated. It has been a long journey for me to try and get back on my feet and hold my head up high again and even though I have been on a healing journey, my life will still never be the same.
“I believe that I would have had a very different past five years had I not been put through this by Ms Phamotse.”
Social worker and parole officer Xoliswa Budaza put emphasis on what she described as Phamotse’s lack of remorse and tendency to portray herself as the victim.
Budaza had recommended a public apology and penalty for Phamotse’s actions but acknowledged the severity of the offence and the limitations of correctional supervision in monitoring social media activity.
“As much as the victims were affected by [Phamotse’s] actions, she was also affected by her actions,” stated Budaza.
Expert warns about cyberbullying
Meanwhile, social media law expert, Emma Sadleir, underscored the seriousness of the matter and advocated for a sentence that sets a precedent against cyberbullying.
Despite facing accusations of bias from the defence, Sadleir maintained her support for victims and emphasised the importance of creating effective legal protections against online harassment.
She contended that victims of cyberbullying frequently turn to suicide, citing her encounters with individuals unable to afford legal recourse. As such, she told the court that this case serves as a potent example to inspire hope in victims, reassuring them that the law can and will protect them.
The case in the Randburg magistrate’s court has been postponed to March 26 for closing arguments and sentencing.
Kumalo’s impassioned plea is now serving as a rallying cry for justice and accountability in the digital age.
