Ruling by the Press Ombudsman
December 15, 2013
This ruling is based on the written submissions of president of Athletics South Africa (ASA), James Evans, and Susan Smuts, legal editor of the Sunday Times newspaper.
Complaint
Evans complains about the story headlined ‘Dysfunctional’ Athletics SA hierarchy under fire, published on 10 November 2013 in the Sunday Times.
He complains that he was not given sufficient time to respond before the story had been published.
Please note that I cannot entertain the rest of his complaint in which he states that the journalist has a grudge against him and that calling him a “white Chuene” was racist. Firstly, this office can hardly be expected to investigate “grudges”; secondly, the reporter did not call Evans a “white Chuene” in the story (which is the focus of my attention).
Also, in later correspondence Evans adds new complaints (such as him getting paid). It would be unfair of this office to entertain such matters.
Analysis
The story, written by David Isaacson, reported that pressure was mounting on Evans “with a move to oust him” before ASA’s general meeting.
Not enough time
Evans says that the journalist gave him less than 48 hours to respond and that he refused to listen when told that the time was too short to do that adequately. He adds that some of the questions required some consultation with staff members who were on leave (such as an allegation which amounted to theft or fraud against him).
Despite the above, he says that the reporter then sent him two more emails with more questions. “It was accordingly impossible to know what was to be answered in the limited time available…” He explains that while some of the questions were of a personal nature, others were about the ASA (which needed consultation).
Evans adds that the ASA’s presidency was not his full-time job and that the journalist did not reply to his request for clarity on one of the questions.
Smuts responds that:
Evans replies to the above as follows:
Smuts then again responds, saying that:
My considerations
After having studied the list of questions posed by Isaacson to Evans at 7:04 on November 8, I have to agree with Sunday Times that the nature and extent of the questions were not such that it was unreasonable to expect of Evans to at least have responded to some of them, if not all, by the end of Saturday.
I also take into account that he did not refer the questions to somebody else, which implied that he was taking responsibility in this matter.
Finding
The complaint is dismissed.
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.
Johan Retief
Press Ombudsman