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Controversial author off the hook for now!

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Author Jackie Phamotse leaving the Randburg Magistrates Court. Photo by Phuti Mathobela
Author Jackie Phamotse leaving the Randburg Magistrates Court. Photo by Phuti Mathobela

SOCIAL activist and businesswoman Jackie Phamotse's case has been postponed again.

This was after the popular author made a brief appearance in the Randburg Magistrates Court on Tuesday, 6 February.

Jackie's judgment was initially supposed to be heard on Tuesday, 5 December 2023 but the case was postponed as the social worker is waiting for the supervisor to sign the report before it's delivered to court.

On Tuesday, 6 February, the case was postponed to Tuesday, 27 February for mitigation, and Tuesday, 5 March, for aggravation of sentence, pending the social worker's decision on potential fines, imprisonment, or suspension.

Mpho Mathonsi, Jackie's attorney said he was not aware that there will be an expert witness to testify in this matter.

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"As a person of the law I did my part. And the accused is suffering a lot as she doesn't enjoy coming to court from time to time. I have received the letter from the correctional officers. Even though they have left now we have seen it, and we needed some time to read the terms and conditions for my client," he said.

Mathonsi said he would like to see this matter done as he is tired of travelling from Soweto to Randburg Magistrates Court.

"We humbly request for the postponement, your worship. It can be taken to March," he said.

He said it is not fair that it is the first time he is hearing about the expect witness.

Jackie phamotse
TV personality Basetsana Kumalo and her friends at the Randburg Magistrate Court. Photo by Phuti Mathobela

"This matter must be done in a fair manner. Even the social worker said that it must be done in a good way," he said.

State prosecutor Yousuf Baba said this matter has been long overdue and it must end now. He said as the state, they want to teach others about the dangers of using social media recklessly.

"Yesterday at 2pm, I have received an email from them.  I mean who sends an email at this time while they know that we had this case going on since 2018," he said.

He further said the state is opposing the postponement of the case.

"I have complaint who flew all the way from London for this case. And for them to send me their letter at 2pm doesn't make sense," he said.

Yousuf said now it's up to the court to decide and what the aggravation of the matter is.

He said the state is confident that they have enough evidence, and they will make a determination on what is the correct sentence against the accused, and they will decide on that.

On Wednesday, 19 September 2023, the author was found guilty of defamation case against TV star Basetsana Kumalo and her husband, Romeo Kumalo.

Jackie was charged with two counts of crimen injuria, one count of criminal defamation and one count of contempt of court.

The prosecutor said she was not allowed to meet or be in contact with the complainants. She was also told not to intimidate anyone as she will get arrested, or they can call the police officers on her.

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