Ruling by the Press Ombudsman and a Panel of adjudicators
22 July 2015
This ruling is based on the written submissions of Mr Ikeraam Kellerman and those of Edwin Lombard, assistant editor of Die Son newspaper, as well as on a hearing held on 21 July 2015 in Cape Town.
Present at the meeting were Ms Faldeelah Petersen (representing Kellerman); King Khoebaha Cornelius, head of the Royal House of the Khoisan Nation; Captain Benjamin Marsala, Bushman leader in the Western Cape; Mr Jacobus Titus, Deputy Bushman leader in the Western Cape; Ms Chantal Bruckner, senior headwoman of the National Khoi and San; and others.
Lombard represented the newspaper.
Complaint
Kellerman is complaining about a story in Die Son of 14 June 2015, headlined Vrae oor Khoisan se ‘koningin’.
She complains that the journalist:
· was advancing the Institution for the Restoration of the Aborigines of South Africa (Irasa) of which she is a member- resulting in biased reporting; and
· has discredited the Boesman leader Katrina Esau (a matriarch and a teacher).
The text
The story, written by Una Cupido, mainly reported the views of sources saying that Khoisan organisations questioned Esau’s (82) legitimacy as queen in the Western Cape. She had been inaugurated a week earlier.
The journalist quoted Ms Tania Kleinhans-Cedras, secretary-general of the Institution for the Restoration of Aborigines of South Africa (Irasa), as saying that the Khoisan never had any queens or kings. Kleinhans-Cedras reportedly questioned the legitimacy of Pres Jacob Zuma’s approval of the inauguration. “Kingship and monarchies are carried over from generation to generation. It is not something that you receive from a president.”
This source also warned against political strategies: “[Zuma’s approval] means that you do not need bloodlines. You only need the president’s approval. If you have political affiliation, your kingship is recognized. This is disturbing and takes away the focus from the realities of what is happening to our people. This can be a smokescreen. We are not even recognized in the Constitution. Government is misleading us. Over what land should the queen reign? Our people should wake up.”
Other (similar) opinions were also reported.
At the end of the story Cupido quoted Mr Charles Tities, chairman of the Western N//n# community, who supported Esau’s position as queen.
Die Son’s response
Lombard says the story did not cast aspersions on the individual, but rather dealt with the title. In the process Cupido quoted several people. “There are different opinions on whether the Khoisan historically had kings and queens and the article merely quotes some of those people.”
He also notes that in the last two paragraphs Cupido quoted a person who commented favourably on the individual.
Lombard concludes that “[n]o two groups seem to agree on any of the issues around the Khoisan. So depending who you talk to, the opinions are as varied as the different groups within the Khoisan”.
The outcome
After extensive deliberations, consensus was reached that the story in question was unbalanced in that by far the majority of the article mainly reflected only one voice, namely that of a section of the Khoi community – while in fact, the story was about the Bushman queen.
It was agreed that Die Son will publish a follow-up article in which this imbalance would be pointed out, also acknowledging that the story and the headline were unfair and inaccurate (the queen was portrayed as that of the Khoisan, while she was only the San queen) and that it unnecessarily tarnished the integrity of the queen. This time, the views of Bushman leaders should be included in the text.
This would be an implicit apology.
The text, or a blurb, should give the context of the follow-up article, stating that the office of the Press Ombudsman has received two complaints about the same story, and that a hearing was held in Cape Town.
The story should be published on the same page as the offending one, and at the top of that page.
The text shall be written by Die Son (but not by Cupido), and be presented to the panel for approval. The panel shall seek the views of the complainants prior to publication. The text should end with the words, “Visit www.presscouncil.org.za for the full finding.”
The text should also be published on the newspaper’s website.
The headline should reflect the content of the text. A heading such as “Matter of Fact”, or something similar, is not acceptable.
The only matter there was no consensus on, was if the apology should be explicit. The complainants asked for it; the newspaper refused. The panel then had to make a decision. We decided against an explicit apology, with one member raising a dissenting voice.
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 Appeals Panel, Judge Bernard Ngoepe, fully setting out the grounds of appeal. He can be contacted at Khanyim@ombudsman.org.za.
Mahmood Sanglay (press representative)
Neville Woudberg (public representative)
Johan Retief (press ombudsman)