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Johannesburg – Randburg Court made it clear that one can be punished for making derogatory comments about someone on social networks
Magistrate Helen Banks ruled that Jackie Phamotse – author of Bare book – has harbaded the businesswoman Basetsana Kumalo in a tweet that makes no direct mention of the media mogul. Drawing their own conclusions from her tweet, social media users have thrown the names of Kumalo and her husband Romeo into the mix.
Phamotse had tweeted: "I just heard a painful conversation, a female TV mogul … arguing with one of my daughters for not sharing videos of her drunk and hubby rim ** a celebrity boy !!!!! !!!! What is going on !!!! Kanti what kind of weddings do we have now !!! I asked to see this video (sic). "
Kumalo filed a charge of harbadment against Phamotse who was later taken to court.
The author was essentially gagged after receiving the order to never comment on Kumalo. media. The magistrate also ruled that Phamotse would be arrested if she violated the order.
The case was held in camera on Thursday and Kumalo's lawyer, Angelike Charalambous, told the Star that the magistrate had declared that Kumalo was entitled to protection and that Phamotse She also said that Banks had told Phamotse that she knew that she was causing damage to the business woman and that she should have made things clear that she knew that everything that she published on social media a lie.
"There is an order against Jackie: if she misbehaves, she will be arrested and risk being sentenced to five years' imprisonment," said Charalambous
Kumalo, who smiled from one ear to the other. posing for the photos after her victory at court, was completely opposite of Phamotse who looked nervous and desperate while she was walking with her lawyer
#BasetsanaKumalo in front of the Randburg Court after Magistrate Helen Banks ruled that #JackiePhamotse harbaded her, Phamotse was ordered to make no comments on social media about Kumalo or to be arrested. @ReporterStar @TheStar_news pic.twitter.com/qui3TgM99O
– SITHOLEEXPRESS (@SthembisoMedia)
July 26, 2018
Kumalo's smile is pleased with the result and his victory in court should be a lesson for the "faceless". restored. People must be responsible for the names of people. They must not make stories that have no basis of truth [that] that they can not prove in court.
"People can not make stories of malicious and evil rants that have no basis of truth."
"(This case) says that the cyber-bubbling must stop.I fought for the collective not only for the Kumalos.Nobody has the right when someone has worked hard to build his names, his credibility and his integrity … These keyboard warriors, those faceless people … he has to stop and today it's the claim that no one should ever do that to "Any body," she said.
In pictures: Basetsana Kumalo in the Randburg courthouse. @ReporterStar @TheStar_news pic.twitter.com/nxQ4AoNS8z
– SITHOLEEXPRESS (@SthembisoMedia)
26 July 2018
A sad Phamotse refused to comment with his lawyer saying that they would make a statement
Jackie Phamotse with his lawyer outside the Randburg Magistrate Court . In 1965, Joyce Molamu, who accused Uyanda Mbuli of having an affair with her boyfriend, was fined 6,000 rand or four months in jail. Mbuli brought a criminal action against Molamu for his defamatory statements.
In a January 2013 judgment, the South Gauteng High Court granted a Facebook user a ban prohibiting a friend from posting his personal life. on the site
The case judge ordered the respondent to remove any messages that she posted on Facebook or on any other site in social media that referred to the plaintiff .
He was also ordered to pay the costs of the applicant
The Star
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