By: Natasha Archary
Author Jackie Phamotse has been sentenced to 2-years house arrest and a R30 000 fine, after being found guilty of defamation in a case against her by husband and wife, Romeo and Basetsana Kumalo.
A dispute about a contentious tweet Phamotse sent out in 2018 implicating businessman Romeo Kumalo in a “sex tape” has finally been settled.
Apart from charges of defamation, Phamotse was also sentenced for crimen injuria and contempt of court, and will need to serve 16-hours of community service a month and participate in various programmes as part of her punishment.
Handing down judgement at the Randburg Magistrates Court on Tuesday, 26 March, Magistrate Saras Naidoo placed Jackie Phamotse under house arrest for two years for her crimes and a fine of a total of R30,000 or 10 months in prison.
Magistrate Naidoo said Phamotse has failed to show remorse for her actions and took her defamation of the Kumalos further by publishing a book making further insinuations against the power couple and capitalizing on her tweet.
Phamotse’s sentencing came after Magistrate Naidoo found direct imprisonment would not be appropriate, but said had the author not been a first time offender, her sentencing may have been harsher.
“Miss Phamotse’s actions in publishing the book was her way of capitalizing on her very tweet that had already gained so much traction and interest in the social media space.
In considering whether direct imprisonment is a suitable sentence, the following questions come to mind:
Is the accused, Miss Phamotse a danger to society?
Does she need to be removed from society?
Would it be in the interest of society for her to be exposed to hardened criminals in prison, even for a short period of time?
There’s no doubt that Miss Phamotse has shown no remorse for her actions and continues in this fashion, which was displayed in her tweet, ‘I tweet what I like so sue me,’ was not only arrogant but poured salt on the two complainants’ wounds.”
In her victim statement, Basetsana Kumalo, recounted how Phamotse’s action had taken a toll on her family over the past 6-years.
The Kumalo’s were forced to leave their Johannesburg home and move to Cape Town because of the ridicule they were subjected to.
Phamotse claimed that the gay sex tape that included Romeo was shot in the Kumalo’s home where they were raising their 3 children.
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