SABC News - Judgement reserved in bid to stop Kunene from publishing videos:Wednesday 13 September 2017

Judgement reserved in bid to stop Kunene from publishing videos

Wednesday 13 September 2017 19:21

Noma Bolani

The court will make a judgement on the matter of publication of videos and pictures of a young woman on Kenny Kunene's website on Friday.

The court will make a judgement on the matter of publication of videos and pictures of a young woman on Kenny Kunene's website on Friday. (SABC)

The question of balancing the protection of an individual's right to privacy and the right to freedom of expression will be a key feature in deliberations by High Court judge Raylene Keightley.

One of the women accused of being Deputy President  Cyril Ramaphosa's girlfriend - has applied to the High Court in Johannesburg to stop controversial businessman Kenny Kunene  from using a website he owns from publishing explicit videos of herself. Keightley is set to hand down judgment on Friday.

The young woman is seeking an order that will force Kenny Kunene to remove the explicit videos and pictures from his online newspaper. She also wants an interdict that will prevent him for publishing any new audio-visual material of her in the future.

On Wednesday, her lawyer, advocate Tshifhiwa Mabuda, said the publication of the material infringes on her constitutional right to personal privacy. He admitted that while the person she is alleged to be in a relationship with is a public figure - she, however, is not. The sexual videos do not feature Deputy President Cyril Ramaphosa.

Mabuda argued that the right to freedom of expression cannot encroach or violate his client's privacy right. He submitted that the young woman was not informed about the intention to publish the videos. She did however receive a call about the story being written.

This was refuted by Kunene's team. Advocate Garth Hulley told the court that his client informed the woman about the videos in his possession and the intention to post them on his website. He submitted that the woman did not object. He later conceded that the clips were used without permission of the owner.

Hulley further argued that the videos were a matter of public interest as the story being run was on the Deputy President's alleged affairs, and she had been identified as one of his alleged mistresses.

According to Kunene - Ramaphosa dismissed his efforts for a comment on the matter - asking for proof. Hulley argues that Kunene then published the videos as proof. This is despite the fact that Ramaphosa was not in the video.

When pressed by judge Raylene Keightley on why the young woman featured in the story - Hulley explained that the videos were used to authenticate the story of the affairs.

Keightley said she needs time to apply her mind to the matter even though the matter is urgent. Judgment is expected to be delivered on Friday morning.

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