According to Kumalo's lawyer Angelike Charalambous, Banks found Phamotse guilty of harassment and set aside Mckenzie's case.
Charalambous said in her judgment the magistrate found that following Phamotse's tweet, people started speculating that she was referring to the Kumalos.
She said the author had an obligation at the time to correct this but did not and instead did interviews with newspapers.
"She said it was even worse that she had an opportunity to correct it but never did it... she gave an example that if someone said there was a video of Mr X doing something as an unknown person and people come out and say is Mr X is Y and you say you are going to keep quite and not say anything one would draw an inference that you got an opportunity to say it wasn't Mr X but you did not do it," Charalambous said.
She added that the magistrate noted the author had an opportunity to clear the confusion among her media friends but she did not do it.
Mckenzie's charge was set aside because he shared the screengrab of Phamotse's tweet in a private WhatsApp conversation.
After the court case Phamotse who was dressed in a nude jacket and black pants appeared shaken and refused to address the media through her lawyer.
A visibly happy Kumalo who was surrounded by friends and family members cheered outside court and could not hold back her tears as she celebrated.
Kumalo's husband was not in court.
A criminal case on the matter is also pending.
Author Jackie Phamotse ordered to stay away from the Kumalos
Author Jackie Phamotse has been ordered to “stay away” from prominent celebrity Basetsana and Romeo Kumalo.
Phamotse was slapped with a harassment judgement at the Randburg Magistrates court on Thursday.
Phamotse and co-accused Ronnie Mckenzie were charged with harassment after Phamotse tweeted about an alleged sex tape involving Kumalo, her businessman husband Romeo and a young rapper.
In June the author sent out a tweet on her social media account which read: "Just over heard 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!!!! Kanti what kind of marriages do we have now!!! I have asked to see this video.”
Mckenzie shared a screenshot of the tweet in a private WhatsApp group which he is an administrator of.
Journalists were barred from attending the civil matter which played out in court room number 21 for over three hours.
Only Phamotse, Kumalo, Mckenzie and their legal teams were allowed in the courtroom which was presided by magistrate Helen Banks.
According to Kumalo's lawyer Angelike Charalambous, Banks found Phamotse guilty of harassment and set aside Mckenzie's case.
Charalambous said in her judgment the magistrate found that following Phamotse's tweet, people started speculating that she was referring to the Kumalos.
She said the author had an obligation at the time to correct this but did not and instead did interviews with newspapers.
"She said it was even worse that she had an opportunity to correct it but never did it... she gave an example that if someone said there was a video of Mr X doing something as an unknown person and people come out and say is Mr X is Y and you say you are going to keep quite and not say anything one would draw an inference that you got an opportunity to say it wasn't Mr X but you did not do it," Charalambous said.
She added that the magistrate noted the author had an opportunity to clear the confusion among her media friends but she did not do it.
Mckenzie's charge was set aside because he shared the screengrab of Phamotse's tweet in a private WhatsApp conversation.
After the court case Phamotse who was dressed in a nude jacket and black pants appeared shaken and refused to address the media through her lawyer.
A visibly happy Kumalo who was surrounded by friends and family members cheered outside court and could not hold back her tears as she celebrated.
Kumalo's husband was not in court.
A criminal case on the matter is also pending.