Author Jackie Phamotse in 2018 made allegations of sexual activities on social media platforms, involving Basetsana Khumalo, her husband Romeo Khumalo, and another man.

Basetsana said the judgment is a victory for the many people who have taken their lives due to cyber-bullying. “This is not just for the Khumalos, this is for everyone who wakes up and works on their name – then someone out of nowhere wakes up, and decides to get on social media to tarnish your name.” She said this is also for her children, who had to live in shame for the last five years.

Basetsana and Romeo Khumalo win defamation case against author Jackie Phamotse. She is found guilty as charged on counts 1, 2, and 3, 4 after a five-year trial
Sentencing will be on 24 Oct.

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NPA Gauteng spokesperson Phindi Mjonondwane said Phamotse was found guilty on two counts of crimen injuria, one count of defamation, and one of contempt of court. The social media post that got her in trouble with the Khumalos and the law detailed how she overheard a conversation that Romeo was involved in sexual activity with another man, in Basetsana’s presence.

The tweet also included that the sexual activity in question was captured on video. “When her followers linked the tweet with the Khumalos, Phamotse responded with a laughing emoji and said ‘I love it’ and did not refute it.” Following the social media post, due to how the post affected the Khumalos, Basetsana approached the harassment court and was granted a protection order against Phamotse.  

Jackie Phamotse is the author of I Tweet What I Like ... So Sue Me. Photo supplied 

“Romeo testified that the tweet was deeply hurtful, it caused enormous irreparable damage to his reputation and his business. Basetsana testified in court that the tweet made her feel raw, attacked, violated, and insulted.” Mjonondwane said the protection order did not stop Phamotse from attacking the Khumalos.

In February 2019, Phamotse published a book titled I Tweet What I Like: So... Sue Me!, in which she violated the protection order against her. On the cover of the book, she referred to a case number of the protection order case registered by Basetsana against her. On page 105, Phamotse accused the Khumalos of having a lot of money and influence, and that the magistrate was bribed to rule in their favour.

Former Miss South Africa Basetsana Khumalo with her husband, Romeo Khumalo. Photo supplied

In Phamotse's defence, she testified she did not intend to cause harm to anyone and that the published tweets were part of her writing process. “In his arguments, Senior Public Prosecutor Yusuf Baba argued that the actions of Phamotse had no regard to the complainants’ rights to a good name, privacy, and dignity.” He said her actions were intentionally aimed at injuring the reputation of the Khumalos.

“The NPA 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.”

OFM News/Tshehla Koteli