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Convicted Jackie Phamotse to be sentenced in March

South African author Jackie Phamotse‘s defamation case against Basetsana Kumalo has been postponed to March 5.

The author — who is guilty of four charges including defamation, crimen injuria and violating a protection order in her case against the businesswoman and beauty pageant title-holder — appeared in the Randburg magistrate’s court on Tuesday.

The matter centres on Phamotse’s 2018 Twitter post about an alleged gay sex tape involving the media mogul and her husband, Romeo.

The probation officer from the Gauteng Department of Social Development, Xoliswa Budaza, took the stand to read a pre-sentence statement for Phamotse which stated she issued a public apology and suggested a fine of R5,000-R8,000 which she would pay in instalments.

“A fine promotes accountability and retribution, especially in such offences. Some may view it as a slap on the wrist, however, the accused is a first-time offender and financial punishment may put her in an unfavourable situation since the victims also suffered the financial impact,” she said.

Basetsana Kumalo

Budaza said the sentencing options were “suitable” because they affected her financial state as the victims also suffered the same from her actions. “It forces the accused to take accountability for her actions” and rehabilitate in society.

“Such a sentence gives offenders a chance to rehabilitate while under correctional supervision.”

State prosecutor Yusuf Baba argued on the basis of Phamotse continuously distancing herself from showing any remorse and that her public apology would be disingenuous should they opt for that sentencing.

Phamotse’s lawyer attempted to object to the reference to Phamotse’s book I Tweet what I Like: So … sue Me!’

“Does that show remorse or does that show arrogance?”

“She [Budaza] has based her submissions on the book. She has come to conclusions based on the prosecution’s testing of her ability to have understood her conclusions.”

Baba asked to pause cross-examination until March 5.

-TL

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Skomota

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