Five years later! Basetsana Kumalo elated over victory in her defamation case against Jackie Phamotse

19 September 2023 - 17:00
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Basetsana and Romeo Kumalo leaving Randburg magistrate's court where they won their case against Jackie Phamotse who tweeted a defamatory comment about them in June 2018.
Basetsana and Romeo Kumalo leaving Randburg magistrate's court where they won their case against Jackie Phamotse who tweeted a defamatory comment about them in June 2018.
Image: Thapelo Morebudi

Author and media personality Jackie Phamotse has been found guilty of four charges including defamation, crimen injuria and violating a protection order in her case against Basetsana Kumalo. 

The matter before the Randburg magistrate's court revolved around Phamotse's 2018 Twitter post about an alleged gay sex tape involving the media mogul and her husband, Romeo.

It's been horrendous, it's been horrific, it's been hurtful, it's been unkind that someone would wake up and attack people that she doesn't know
Basetsana Kumalo

The courtroom was filled with cheers and praises from the Kumalo family after judgment was handed down.

“I cannot be able to tell you what today means for our family. It's been five horrendous years working this journey and being in this court probably 30 times. The verdict today is really not for only the Kumalos but for every person in this country who works hard, earns a living on their good name, and then wakes up and is shamed,” Basetsana told TshisaLIVE.

“Someone decided to wake up and get on a Twitter mountain with their keyboard. This is a victory for every single person. The many people in this country who have taken their lives from being cyberbullied.

“Today this unprecedented judgment is for all of us, for my children who had to live in shame over the last five years, for my parents' legacy who raised us well. It's been horrendous, it's been horrific, it's been hurtful, it's been unkind that someone would wake up and attack people that she doesn't know.” 

Power couple Romeo and Basetsana Kumalo pose with family after the judgment in the Randburg magistrate's court.
Power couple Romeo and Basetsana Kumalo pose with family after the judgment in the Randburg magistrate's court.
Image: Thapelo Morebudi

Though Jackie's legal representatives wanted their identity to remain private and tried to avoid having the media document the proceedings, the prosecutor ruled it as a matter of public interest . 

The I Tweet what I like: So ... Sue Me author rushed out of court, avoiding the media. 

Jackie Phamotse, right, who put out a defamatory tweet in June 2018 about Romeo and Basetsana Kumalo, leaving Randburg magistrate's court after being found guilty on all four charges against her.
Jackie Phamotse, right, who put out a defamatory tweet in June 2018 about Romeo and Basetsana Kumalo, leaving Randburg magistrate's court after being found guilty on all four charges against her.
Image: Thapelo Morebudi

Lawyer Ian Levitt, who represented Kumalo, said the media mogul was an inspiration to everyone and he was glad to see her come out victorious after having fought so long.

“Jackie Phamotse started a fight with the wrong person and the next fight we are going to have she's going to be in an orange uniform and she won't be saying what she wants,” he said.

Basetsana's sister, Johanna, who flew from London, was among the family members, saying she could not have missed the judgment having been there every step of the way. 

“It's a really momentous case and I think it's very important for every child that has the potential to be abused on social media, that this will be a case that will protect them. I wouldn't miss it for the world. We are here to support, we suffered all as a family. We saw what they went through so we are really grateful to God that justice was done and they can move on happily and freely now. Why go destroy people for nothing?”

The author's case against the businesswoman and beauty pageant title holder was postponed to October 24 for a pre-sentence and correctional service report. 

Phamotse was charged with crimen injuria for comments she made about the couple on social media.

Though she did not name them, many social media users concluded that she was tweeting about the Kumalos. 

“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!!!! Kanti, what kind of marriages do we have now!!! I have asked to see this video,” she posted.

The Kumalos were granted a protection order by the same court when Phamotse was ordered not to mention them on social media and to also refrain from making allegations about them.


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