Dear Mr Stolley
Your complaint against the Sunday Times story headlined, Cato Manor killing spree spreads north, (published on 22 November 2015) refers.
The newspaper submits that you do not have the standing to complain about this story as your name was not mentioned in it.
You say that you are complaining in your personal capacity, acting in your own interest. You argue that you do have the standing to complain, as you (as a journalist) have reported in court case processes that were referred to in the article in dispute. You argue that, if the story is correct then you have been wrong, and would have to issue an apology – this, you say, is why you have a personal interest in this case (as it affects your credibility as a journalist).
Section 1.1 of our Complaints Procedures states: “’Complainant’ shall mean and include any person who or body of persons which lodges a complaint and has the standing to complain in terms of the following rule:
· anyone acting in their own interest;
· anyone acting on behalf of another person who cannot act in his or her own namw;
· anyone acting as a member of, ot in the interest of, a group or class of persons; and
· an association acting in the interest of its members.
According to your own statement, only the first bullet is in play here.
My considerations are that not only is your name not mentioned in the story, but the articles that you have written on the same cases were also not referred to.
I therefore agree with the newspaper that you indeed do not have the standing to complain about this particular story.
Our Complaints Procedures lay down that within seven working days of receipt of this decision, you 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.
Regards
Johan Retief