Ruling by the Press Ombudsman and a Panel of Adjudicators
16 August 2014
This ruling is based on the written submissions of Ms Lindsay Black, on behalf of the Durban International Convention Centre (ICC) and its directors, and those of Mbongeni Khuzwayo, news editor of UKhasi newspaper, as well as on the results of a hearing held on 14 August in Durban.
Former ICC CEO Julie-May Ellingson and present CEO Nicolette Elia-Beissel represented the institution, while Khuzwayo and Sthembiso Gambushe appeared on behalf of the newspaper. The two members of the Panel of Adjudicators were Mahmood Sanglay (press representative) and Brian Gibson (public representative).
COMPLAINT
The ICC is complaining about three stories and a letter published in UKhasi earlier this year.
They were headlined:
The letter was headlined ICC looks beautiful on the outside, but…
(All these headlines/stories were translated.)
The ICC complains about the following “untrue and damaging” statements (most of which were “allegations stated as fact”):
The first story was about…
The second story was about…
The third story was about…
The letter was about…
THE TEXTS
The first story reported on Ellingson’s allegedly unfair management style and gave examples of members of staff who had been fired. The second story reported that executive chef John Moatshe had demanded sexual favours from staff members in order for them to be promoted. The third story reported that members of staff celebrated after Ellingson resigned (she was to continue her career at the ICC in Cape Town).
The letter, written by a “disgruntled” former member of staff, described the frustration of staff members due to their working conditions and accused the ICC of having been racist and abusive towards the staff.
THE ARGUMENTS
UKhasi says that it did its best to get comment from Ellingson, and “made it clear that the questions were allegations”. Khuzwayo alleges: “We believe her attitude and conduct in dealing with us smacks of attempts to muzzle the media about what is going on at the ICC.”
The news editor adds that:
Khuzwayo also argues that the letter was the view of the individual, and not that of the newspaper.
The ICC replies that it sent a letter to UKhasi on June 3 in which all the incorrect statements in the first two stories were pointed out (as outlined above). “Despite this, the newspaper has declined to take any action to rectify the situation.”
Black adds that, providing the ICC with an opportunity to comment did not justify the newspaper’s publication of such unfounded information. “The incorrect content should not have been published in the first place…”
She points out that Ellingson told the newspaper that she was more than willing to respond to bona fide questions, but that she was not prepared to respond to unfounded and racist allegations. She also denies that the ICC tried to muzzle the press – she says they merely protected their rights and wanted the newspaper to retract the defamatory statements.
AT THE HEARING
After a lengthy discussion, the panel became convinced that the newspaper published unfounded and unverified allegations and that the stories therefore have caused Ellingson and the ICC some unnecessary harm.
We are also satisfied that UKhasi was not malicious in its reporting and that it did not drive any agenda by accepting the integrity of its sources.
The fact that Ellingson has not appropriately responded to the newspaper’s questions contributed towards the harmful reporting.
Both parties agreed that a retraction and an apology should be published.
FINDING
The newspaper is in breach of the following Sections of the Press Code:
SANCTION
UKhasi is directed to publish a retraction and an apology, which would initially be drafted by the ICC and then be agreed upon by all affected parties. This text should end with the words: “Visit www.presscouncil.org.za for the full finding.”
APPEAL
Our Complaints Procedures lay down that within seven working days of receipt of this decision, either party may apply for leave to appeal to the Chairperson of the SA Press Adjudication Panel, Judge Bernard Ngoepe, fully setting out the grounds of appeal. He can be contacted at Khanyim@ombudsman.org.za.
Brian Gibson (public representative)
Mahmood Sanglay (press representative)
Johan Retief (press ombudsman)