In September, the Randburg Magistrates Court found controversial author Katleho Jacqueline "Jackie" Phamotse guilty of crimen injuria, defamation and contempt of court after a five-year legal battle with media moguls Basetsana and Romeo Kumalo. Jackie's sentencing was set for 24 October, but it was postponed to 14 November. But there have been more delays and the final date which was supposed to be today has also been changed and a new date is yet to be set.
JACKIE'S FATE
A close friend of the Kumalo family, who does not want to be named says, Jackie's Legal Aid representative, Mr M Mathonsi is playing delay tactics to avoid jail time. "She's avoiding jail time. Each one of the offences carry a minimum sentence of a year or two," said the friend. "They are trying to get her to do community service or get a fine and not go to prison."
The family friend of the Kumalo's adds that "Jackie's lawyer was supposed to have prepared an appeal to try and negotiate with the magistrate for a lighter sentence, but he hasn't done that. They are only submitting it next week. It takes about six weeks for the court to process this. Courts are going to close soon, and they know this, meaning the sentencing might happen next year. You see the delay tactics." The friend says they want Jackie behind bars. "She must wear the orange overalls. They want her to go to jail, even if it's for two weeks. She has traumatised them for five years."
RECKLESS TWEETING
After the verdict was delivered by Magistrate S. Naidoo in September, Romeo Kumalo told ZiMoja that he was finally free after five to six years of trauma caused by Jackie. "It has taken us five years. This case will be an example for many people to not be reckless on social media and to watch what they say as it can be very damaging emotionally for families and businesses." Romeo, who has been in showbiz and telecommunications for over 20 years, says the defamation affected his career immensely. "It has been damaging to my business and has caused great harm to myself and my family. I am just glad that this is over, and we await the sentencing."
Five years ago, the Kumalos opened a case of defamation and crimen injuria against Jackie after she tweeted a subliminal tweet claiming there was a video depicting the complainant, Romeo Kumalo, engaging in sexual activity with another man. She also tweeted, "I just overhead (sic) a painful conversation, a female TV mogul. Pleading with one of my girls not to share videos of her drunk and her husband rimming a celebrity boy. What the hell! Kanti, what kind of marriages do we have?" The court found her guilty of defamation, crimen injuria and contravention of a protection order in her case against Basetsana Kumalo. "Having regard to the totality of the evidence, the court is satisfied that the state has proved its case against Ms Phamotse on 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."
