Johannesburg - The woman behind the online harassment of TV personality
Basetsana Kumalo and her husband, Romeo, said her actions were positive because they created awareness around sexual abuse.
The statement formed part of Jackie Phamotse’s legal defence on Thursday, although it didn’t stop the Kumalos from securing an harassment order against her that, if broken, could see the author imprisoned or fined.
While Phamotse has not yet released a statement about the ruling, The Independent on Saturday’s sister paper, the Saturday Star, has seen her responding papers, where she punts her book, highlights her hundreds of thousands of social media followers and admits the controversial post was entirely fabricated.
Phamotse came under fire in June after she posted that she had heard a conversation about a "female TV mogul" pleading with another woman not to share videos of her drunk and her husband having sex with a "celebrity boy".The comment set off a fire-storm on Twitter, where users began connecting the statement to the Kumalos, prompting them to open up a civil harassment claim against Phamotse and a case of crimen injuria.
On Thursday, in-camera proceedings at the Randburg Magistrate’s Court saw Phamotse’s legal team try to argue that the post was a preview of her next book.
In the first few pages of Phamotse’s responding affidavit, she argued that the court needed to take her writing style into account.
Phamotse said that before publishing her books, she liked to post quotes from them on Twitter to gauge fan reaction. She argued the post was fictional, and that the video she mentioned was non-existent.
“I deliberately did not disclose that there was no video because the statement had the exact effect that I wanted. It created a reaction to the sexual depravities between children and men. The statement created awareness, albeit of a fictional scenario,” her affidavit reads.
She argued she never mentioned the Kumalos by name.
Angelike Charalambous, who represented the Kumalos, said the magistrate had ruled that Phamotse had failed in her obligation to clarify the tweet was fictional, and her behaviour was confirmed as harassment.
Because of this, a warrant of arrest was issued against Phamotse - stayed for five years - that would be used if further harassment took place.
Outside court, Basetsana Kumalo said: “My family has been vindicated from a malicious, diabolical diatribe.
“I am very pleased about the outcome. Cyberbullying has to stop. People cannot make up stories about others and think they can get away with it.
“I didn’t only do this for me and my family, but for every South African who works hard to build their name, their credibility and can only trade on their integrity.”