Author Jackie Phamotse appeared before the Randburg magistrate’s court on Tuesday as sentencing proceedings continued following her guilty verdict in September.
The charges against Phamotse included criminal defamation, crimen injuria, and contempt of court, all stemming from her social media statements directed at former Miss SA Basetsana Kumalo and her husband, businessman Romeo Kumalo.
During the proceedings, the court heard testimony from Xoliswa Budaza, an employee of the Gauteng department of social development.
A public apology is recommended
Budaza, who compiled a report on the case, recommended that Phamotse be fined and offer a public apology to the Kumalos for damaging the couple’s reputation.
However, that is too light a sentence, according to the prosecutor, who was hoping for a harsher sentence.
Budaza contended that Phamotse hails from a troubled background and assumes responsibility for her siblings despite not being the primary carer.
She also said that Phamotse is a first-time offender. Budaza emphasised Phamotse’s failure to show remorse and take responsibility for her actions.
Despite finding elements of Phamotse’s book, I Tweet What I Like, So Sue Me, to be educational, Budaza expressed concerns about some of the statements made by Phamotse regarding the case, adding that the title itself shows arrogance.
Failure to show remorse
During cross-examination, state advocate Yusuf Baba focused on Phamotse’s lack of remorse and accountability, as well as the seriousness of cyberbullying.
Baba also referenced a passage from Phamotse’s book, where she insinuated that monetary influence could alter judicial outcomes.
Furthermore, the state compared Phamotse’s case to that of former president Jacob Zuma, who was sentenced to direct imprisonment for contempt of court.
The comparison raised questions about the gravity of Phamotse’s offence and the potential consequences she might face.
The defence argued against the relevance of such comparisons, emphasising the importance of considering all aspects of Phamotse’s background and character before determining a suitable sentence.
Sentencing resumes on March 5
Following a lengthy session and an earlier delay, the court postponed the case to March 5 for further evidence.
The state has indicated that Emma Sadlier, an author and expert in social media law, will testify as another witness.
Her testimony is considered crucial for elucidating the complexities of cyberbullying.
The magistrate will then decide whether to accept the recommendations made in Budaza’s report or pursue an alternative sentencing route.
