Sex videos online ‘violation of privacy’
‘Cyril’s dismissive reply led to post’
Businessman Kenny Kunene has used a 29-year-old woman’s sex videos on his online publication because she is associated with Deputy President Cyril Ramaphosa.
This was claimed by her lawyer Advocate Tshifhiwa Mabuda during arguments in the South Gauteng High Court in Johannesburg yesterday.
The court was hearing the application to stop Kunene and his online publication from publishing sex videos or pictures of the woman, who cannot be named, as this “violated her right to privacy”.
“I am living with a metaphorical gun to my head as there is real and tangible risk of further violation to my rights to privacy and dignity,” she said in her founding affidavit before the court.
She is one of eight women apparently embroiled in leaked private e-mails of Ramaphosa, which allegedly reveal the ANC presidential hopeful’s extra-marital affairs.
The woman said the videos were “made by me in the privacy of my own home and no one is entitled to view them without my consent”.
“I’m a mother and furthermore having my family and friends seeing me being depicted in that manner is a violation of the highest order.”
The woman was not in court yesterday where Judge Raylene May Keightley dismissed an application by various media houses, including ANN7 and the SABC, to broadcast court proceedings.
Mabuda said the conduct of Kunene’s publication grossly violated his client’s right to privacy, which is enshrined in the constitution.
“The person of interest in this matter is the deputy president who is not in the videos ... the applicant is not a public figure, she’s drawn into the matter because she’s associated with the deputy president.”
Kunene’s legal representative Advocate Garth Hulley argued that the deputy president’s “dismissive” attitude towards Kunene’s publication led to the posting of two videos
to “authenticate” the articles.
Hulley said when WeeklyXpose contacted Ramaphosa, in his response he described it as a carrier of fake news and demanded “proof” from all those making allegations of extramarital affairs against him.
Hulley said online publications faced difficulties in cementing their credibility and it was necessary to post the videos as “proof”.
Keightley then interjected: “It’s not the applicant who called for proof, it’s the deputy president who said bring on the proof.”
Hulley said WeeklyXpose had blurred the video to protect the woman’s right to privacy, and that it was “impossible to identify” her.
Judgment was reserved until tomorrow.