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- In 2018, author Jackie Phamotse took to social media to post that a famous media mogul and her husband had been featured in a sex tape with a young male rapper.
- Phamotse didn't mention names but included descriptions that fuelled speculation the posts were about Basetsana and Romeo Kumalo.
- In 2023, she was found guilty of defamation of character, crimen injuria, and contempt of court.
- She was recently sentenced to two years of correctional supervision (house arrest) and R30 000 in fines.
South African media power couple Basetsana and Romeo Kumalo have welcomed the sentence handed down in their drawn-out court battle against author and activist Jackie Phamotse.
She received a sentence of two years of correctional supervision (house arrest) and R30 000 in fines, punishable by imprisonment should she fail to pay. She told the court she could afford an upfront amount of R4 000 and would settle the balance in monthly instalments.
Phamotse has also been sentenced to 16 hours of community service per month for the duration of her correctional supervision. She's also been ordered to report to a social worker every month and must participate in the life skills programmes her supervisors instruct her to attend.
"The law has taken its course, justice has been served, and more importantly, the dignity of my family has been restored," Basetsana told the media in an informal briefing outside the court.
"This unprecedented judgment is victory, not only to my family but to each and every South African that wakes up every morning and works hard to earn an honest living and every South African child who has been cyberbullied. Now South Africans have a recourse that they can come to the courts should they be cyberbullied."
In 2018, the author took to social media to post that a famous media mogul and her husband had been featured in a sex tape with a young male rapper. She also insinuated the unnamed husband was engaged in sexual activity with the rapper while the wife watched.
READ MORE | 'Reflection, healing, and recovery': Basetsana and Romeo Kumalo open up about legal 'ordeal'
Phamotse never named anyone but included descriptions that fuelled online speculation about who the posts might be about.
Basetsana and Romeo Kumalo's names were mentioned enough times that they began trending on X (formerly known as Twitter) shortly after Phamotse's posts, and they released a statement calling her claims "salacious".
The Kumalos initially lobbied for Phamotse to receive direct imprisonment after highlighting the ways her online posts and the subsequent fallout impacted their lives in a victim impact statement delivered in court.
Kumalo dubbed the judgment a tribute to the lives lost as a result of cyberbullying, adding:
She stressed the need for people to stand up for themselves and said that she has restored her voice through this court case in opposition against someone who tried to "rewrite the narrative of her life."
In a joint statement issued after the judgment, the couple thanked their legal team, associates, family, friends and the countless people who supported them via social media.
"This case was not just about getting the defendant charged; it is also a lesson on the systematic practice of unlawful and appalling behaviour - the malicious attack on our character, our dignity and credibility by misusing social media and the severe consequences associated with that. Our responsibility is to be resilient in rejecting those who may want to use social media for nefarious reasons."
The Kumalos also called on the Department of Basic Education to include social media engagement in the curriculum "as a means of empowering the youth" by teaching them to balance their right to freedom of expression with responsibility.
Phamotse would not respond to requests for comment and told News24's Aphelele Mbokotho to get her recording device (a cellphone) "out of my face before I hit it." However, her lawyer, Mpho Mathonsi, declared her intention to appeal the sentencing.
"I think everybody in this country has a right to appeal, so we shall await the decision of the appeal," said Kumalo in response.
Speaking outside the court before sentencing, Kumalo's long-time friend Luphumlo Ngcayisa said his friends would respect the outcome as decided by the court because they respect the rule of law.
He also explained that on Tuesday was the couple's 53rd or 54th court appearance in the matter and that they were looking forward to moving on with their lives as the case draws to a close.
What's most important is that once whatever it is that we were made to believe by others or chose to believe by others, once it has been proven to be... incorrect, we have a responsibility to retract and to apologise."
"What's made this matter worse and led things this far was the accused's inability to accept that she was wrong… and instead of retracting at a time when she could have, she chose not to."
Ngcayisa joined an entourage of friends and family who have accompanied Kumalo to court on several occasions, including Josina Machel, publicist Simphiwe Majola and other members of the Kumalo family.
Phamotse appeared to be alone in court for the sentencing.
