Author Jackie Phamotse will know her fate next month in the defamation case brought to court by former beauty queen Basetana Kumalo after both lawyers delivered their heads of arguments in the Randburg Magistrates' Court on Tuesday
Author Jackie Phamotse will know her fate next month in the defamation case brought to court by former beauty queen Basetana Kumalo after both lawyers delivered their heads of arguments in the Randburg Magistrates' Court on Tuesday. State prosecutor Yusuf Baba argued that the constitutional rights to dignity and privacy of former Miss SA were infringed when Phamotse allegedly tweeted in 2018 that there was a sex video involving Kumalo and her husband Romeo with a celebrity boy.
The tweet read: “Just overheard a painful conversation, a female TV mogul pleading with one of my girls to not share videos of her drunk and her husband [sic] rimming a celebrity boy!!!!!!!!! What the hell!!!! What kind of marriages do we have now!!! I have asked to see this video.” Phamotse also faces two counts of crimen injuria and Baba was adamant in his closing arguments that the court should find her guilty.
He said Phamotse's tweet left a long-lasting impairment to the dignity of the Kumalos and her comments"are digitally imprinted and cannot be removed".The defamatory statement was made without any justification which eventually ended up in the mainstream media… the video never surfaced and it turned out she was actually leading people on.
However, Phamotse’s lawyer Mpho Matodzi, said the case made out by the state had no merit as she did not identify the Kumalos by name in the alleged tweet. Matodzi further argued that the name “mogul” did not exclusively belong to the former beauty queen and it could have been anyone in the entertainment circles.“We therefore submit that the state failed to prove its case beyond any reasonable doubt on all the four counts against the accused person… the state led witness in this matter being Mr Romeo Kumalo and Mrs Basetsana Kumalo and no other witnesses were called.
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