Kenosi to swallow P250k bitter pill
Ludo Kwapa | Wednesday February 27, 2019 14:30
The case came to a bitter end for Kenosi on February 15, 2019 when the judge made a final ruling that he should cough up the sum of P250,000 to pay the Mongalo following countless times of him dodging court appearances.
Kenosi was charged after Mongalo decided to sue him for distributing obscene material in the form of personal pictures on Facebook contrary to Section 16 of the Cyber Crime and Computer Related Crimes Act.
At the time the plaintiff was a 37-year-old female accountant employed by Plumbot, a construction company in Gaborone. On September 16, 2017 she received a call from the defendant who wanted to confirm if she was dating Ndaba Gaolathe. The defendant informed her that he had pictures, which proved an affair between the two. She informed him that whatever pictures he may have related to an affair would not hold true at the time as the two had ended things in 2015.
Kenosi was persistent and wanted to have a meeting with Mongalo, she said. She had declined the offer to engage on the pictures by cutting off Kenosi’s calls, but she said that he resorted to posting a story on his Facebook page that had about 163,000 followers at the time (not a personal profile) after the meeting he had proposed failed.
Kenosi had filled his Facebook page with Mongalo’s pictures, Mongalo recalls. She said there were three or more pictures posted that Kenosi uploaded on his page. One of the pictures showed Mongalo in bed with Gaolathe. Two other pictures showed Mongalo half-naked in her underwear and bra only and the other picture showed Gaolathe and Mongalo standing up.
Mongalo was concerned with the posts of the naked pictures among other things. She informed the court that she had not visited her Facebook account, which is over five-years-old. She claimed she had not once Facebooked pictures of herself showing or exposing her thighs, stomach or her half-nakedness, as she does not want people to see those parts of her body.
Kenosi had denied all allegations levelled against him that he had ever published defamatory words, pictures or violated Mongalo’s privacy. She rubbished the claims that Kenosi did not operate a Facebook page and pointed the court to the hard evidence that he did, as she was confident that it was him who published all the material from their conversations.
She said the posts revealed information relative to conversations that took place between she and Kenosi and no one else shortly before the pictures were posted.
She told the court that Kenosi’s publication has left her feeling ashamed and uncomfortable that people view her in that light. She added that it goes against her principles as a woman to feel like she has lost her dignity, she also added that her relationship at the time also ended due to this publication and that since then any other relationship she tries to nurture following the posted pictures, falls apart. She said the moment she meets the partner’s family there is always someone who recognises her from the Facebook post.
She further stated that she is now recognised as ‘that girl who cheated on Ndaba with three other men’. She made it clear to the court that though the pictures are no longer on Kenosi’s page they are still on Facebook and people still use them on their walls. She said whenever a search of her name is conducted via Google the pictures come up.
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