South Africa-based social media influencers, Better Kudakwashe Madhuyu and his wife Kylie Tonsani, better known as Tytie and Kiki, have suffered a major setback in court after being found guilty of peddling falsehoods and defaming lawyer Moreboys Munetsi. The couple, who boast a large following on social media, were sued by Munetsi for making defamatory statements against him and posting his mobile number on their platforms.
The case, heard in the High Court of South Africa, Western Cape Division, Cape Town, under case number 16255/2024, saw Munetsi, represented by Advocate Isiah Mureriwa, emerge victorious. The judgment, which was handed down recently, ordered Tytie and Kiki to remove the live broadcast published on 17 July 2024 from all their social media platforms, including any video or message containing Munetsi’s picture and cellphone number. They were also ordered to refrain from publishing Munetsi’s personal information without his consent.
In addition to the removal of the defamatory content, the couple was ordered to pay the costs of the application on a party and party basis, with counsel’s costs being taxed on Scale A. This means that Munetsi will be reimbursed for the legal fees he incurred in pursuing the case.
Munetsi, in his statement to the court, claimed that Tytie and Kiki had made a live video on July 17, 2024, in which they falsely claimed that they did not want to work with him. They went on to portray him as an evil person and posted his picture and phone number on their platforms, encouraging their followers to contact him.
“They portrayed me as a bad person, they said I am an evil person. They posted my picture and phone numbers so that the followers could call me. I found the information defamatory,” Munetsi said.
He added that he had asked them to remove the video, but they refused. The video, which was watched by over 20,000 people initially, had reached over 500,000 views by the next day. Munetsi further stated that he had received numerous threatening calls from people who had seen his number on the video.
“I reached out to them and they were arrogant,” he said.
In the summons, Munetsi had demanded an apology from Tytie and Kiki. However, they refused and instead demanded R1 million from him.
The judge, before the case began, warned Tytie that his actions were wrong and asked him if he was willing to remove the video. Tytie initially agreed but changed his mind after a break in the proceedings. The judge warned them again, but they refused to apologise.
“The court now says, the video should be removed, the cost for the lawyer is R100,000,” Munetsi said.
Munetsi has also filed a second case against Tytie and Kiki for defamation and damages, with the summons set to be issued next week. He is also pursuing a criminal charge against the couple, which will be instituted soon.
