She storms out of the Randburg Magistrate Court accompanied by her Legal Aid South Africa lawyer, Mr M Mathonsi, avoiding all interaction. Author Katleho Jacqueline "Jackie" Phamotse, dressed in a navy-blue coat and her dreadlocks tied back has been awaiting the verdict of the court, and the judgment has been finalised. Her eyes were bloodshot red and she was sniffing throughout the proceedings, but no amount of tears would stop Magistrate S Naidoo from handing down her verdict. The author of I Tweet What I Like... So Sue Me has been found guilty of defamation.
THE COURTROOM
Jackie refuses to have the media take videos and pictures of her during court proceedings. But the magistrate grants audio recordings to be done. The Kumalo family, friends and acquaintances filled the third row behind Jackie holding hands mumbling prayers and wiping off tears as the verdict is read out loudly. Basetsana and Romeo Khumalo are accompanied by media personalities Nothemba Modumo, Lupi Ngcayisa, Rubicon fashion designer Hangwani Nengovhela and the former beauty queen's sister Johanna Makgalemela.
RECKLESS TWEETING
Five years ago, a case of defamation and crimen injuria was levelled against Jackie after she tweeted a subliminal tweet stating there was a video depicting the complainant (Romeo Kumalo) engaging in sexual activity with another man. She also tweeted, �"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 has found her guilty of defamation, crimen injuria, and contravention violation 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 a false beyond a reasonable doubt."
ROMEO'S JUSTICE
Tears of joy and ululation fill the room soon after the judge's verdict is read out. Romeo tells ZiMoja that it has been a long and unbearable case. "I am so pleased that justice has prevailed," he says. "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 show business and telecommunications for over 20 years says the defamation has 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."
Veteran broadcaster, Nothemba Madumo has been present throughout the case as a supportive friend to Basetsana. She says that freedom of speech comes with responsibility and consequences. "It comes with being able to do what is right. One needs to acknowledge when you are intentionally trying to be evil. I'm just glad that our law is still there to protect us and be accountable."
AFFECTING THE FAMILY
Basetsana's sister Johanna Makgalemela says that she flew in from London, especially for this case, and wouldn't miss it for the world because their family has suffered. "This is history in the making. It's a momentous case. They can move on happily and freely. By the way, in her cross-examination, Jackie did say that the video does not exist." This refers to a video where Jackie alleged that Romeo has intercourse with a young male in front of his wife. "She said the video does not exist. This will teach people a lesson not to lie on social media and not to bully people. From the adults right down to the children, we have suffered immensely, and we can now sleep knowing that the court has done its part," she says. "They have made an example. People need to be cautious in what they say on social media." The author's case was postponed to October 24 for a presentence and correctional service report.
BASETSANA'S PAIN
In closing, Basetsana says her children and family have been living in shame for the last five years. "For my parent's legacy, today, we thank everyone. This is a victory for everyone. Especially those who have been bullied on social media. This had been horrendous for us," she says. "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 thirty times. The verdict today is really not for only the Kumalo's but for every single person in this country who works hard, earns a living on their good name and then wakes up and is shamed."
