Jackie Phamotse has been found guilty in a high-profile defamation case brought against her by celebrity couple Basetsana Kumalo and her husband, businessman Romeo Kumalo.
Phamotse, a renowned author and motivational speaker, appeared in the Randburg magistrate’s court on Tuesday.
The court’s judgment, delivered after a legal battle spanning five years, upheld the state’s case against Phamotse, stating that it had been proven beyond reasonable doubt.
“Having regard to the totality of the evidence, the court is satisfied that the state has proved its case against Ms Phamotse on all four counts beyond reasonable doubt.
“Ms Phamotse’s version as enumerated in the reasons for judgment above is not reasonably possibly true and is rejected as false beyond reasonable doubt,” said the magistrate.
Phamotse faced two charges of crimen injuria, one count of criminal defamation, and one count of contempt of court.
The legal saga originated from a controversial tweet posted by Phamotse in 2018.
In the tweet, Phamotse made allegations insinuating the existence of a compromising video involving the Kumalos and another male figure.
Reads the tweet: “Just overheard a painful conversation, a female TV mogul pleading with one of my girls to not share videos of her drunk and her husband [sic] rimming a celebrity boy! What the hell! What kind of marriages do we have now! I have asked to see this video.”
Phamotse was also being tried on the merits of her 2019 book titled I Tweet What I Like: So … Sue Me.
As the magistrate announced the verdict, Basetsana, who was surrounded by family and friends, was seen shedding tears of joy.
Her husband Romeo, though reserved in his interactions with the media, could not hide his joy. He was visibly elated as his wife held his face and embraced him.
For the Kumalos, the verdict represents an end of a long and arduous journey. Basetsana, speaking to the media after the proceedings, expressed relief and happiness.
She emphasised that the judgment has significance not only for her family but for all hardworking individuals who, at times, find themselves unfairly shamed.
She stated: “This judgment is for all of us, it’s for my children who had to live in shame over the last five years and for my parents.”
Phindi Mjonondwana, speaking on behalf of the National Prosecuting Authority, hailed the ruling as groundbreaking.
“It will go a long way in assisting the prosecution in doing its work, especially against cyberbullying,” Mjonondwana said.
“The judgment will serve to educate society as a whole, that though we have social media platforms, they must be used responsibly [and] with respect for other people’s rights.”
The case has been set down for October 24 for pre-sentencing and the consideration of the reports.
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