Famous author found guilty of defaming Khumalo’s

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The Randburg Magistrates’ Court has found Jackie Phamotse guilty on two counts of crimen injuria, one count of defamation and one of contempt of court. 

According to Phindi Mjonondwane, the National Prosecuting Authority‘s (NPA) regional spokesperson said the the judgement is a precedent setting ruling in bringing to the fore the dangers of using social media irresponsibly.

“On June 5, 2018 the famous author and businesswoman 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 Khumalo’s, Phamotse responded with a laughing emoji and said “I love it” and did not refute it. 

“Romeo Khumalo testified that the tweet was deeply hurtful, it caused enormous irreparable damage to his reputation and that of his business.

“Romeo’s wife, Basetsana testified in court that the tweet made her feel raw, attacked, violated, and insulted.

“Basetsana approached the harassment court and was granted a protection order against Phamotse, but that didn’t stop Phamotse’s onslaught,” she said.

Mjonondwane added that the accused went further with her onslaught on the Khumalo’s when she published a book titled “I tweet what I like so sue me” on February 22, 2019 in which she violated the protection order against her.

She continued; “On the cover of Phamotse’s 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 Khumalo’s 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.” 

In his arguments, Senior Public Prosecutor, Yusuf Baba argued that the actions of the accused had no regard to the complainants’ rights to a good name, privacy and dignity.

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He further stated that her actions were intentionally aimed at injuring the reputation of the Khumalo’s. 

The NPA said it 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 cyber-bullying and the judgment serves to empower the prosecution in its fight against such crime,” Mjonondwane concluded.