The Daily Dispatch this week won its battle against a complaint lodged by the African National Congress to the Press Ombudsman about a report published on February 28 this year on Siyenza Group company’s R631-million tender contract to build toilets in the Eastern Cape.
The article under the headline “ANC faces behind toilet tender scandal” said the company had links, through certain individuals, to a number of high-ranking leaders of the African National Congress.
It mentioned names of relatives and family members of senior ANC members, who were linked to the Siyenza Group. These included President Jacob Zuma’s son-in-law Lonwabo Sambudla; secretary-general Gwede Mantashe’s wife Nolwandle and their son Buyambo, and Minister Lindiwe Zulu’s son Itoleng.
The report stated the tender had been irregularly awarded in that no proper tender processes had been followed. Photographs of the three leaders were prominently displayed on the front page of the Saturday Dispatch.
The ANC complained to the Press Ombudsman that the article was malicious as its members had nothing to do with the tender; that it did not adjudicate tenders; that the headline was misleading and damaging to its leadership and that no evidence was provided to warrant the parading of the faces of its leadership.
The party also complained that there were inaccuracies in the story and that crucial facts were omitted.
In its initial hearing a panel of three, comprising the ombudsman and two others, adjudicated over the matter and found the Daily Dispatch, inter alia, failed to verify the link between the awarding of the tender and the influence ANC leaders mentioned in the story and depicted pictures; and that it failed to return to Mantashe … to answer his concerns about his influence over the tender.
The ANC also complained that the headline reflecting the content of the report was based on information that could not be proven and was therefore unfair.
The Dispatch was found to be in breach of the Press Code and the ombudsman handed down sanctions on April 20 directing the newspaper to apologise to the ANC; and reprimanded it for “failing to get proper comment from Mantashe”.
The Dispatch lodged an application for leave to appeal the above ruling.
Both parties made legal representations at the hearing and after considering various aspects around the complaint and the ombudsman’s ruling, Judge Ngoepe, who chaired the Appeals Panel, found that the ombudsman “erred in his finding that the appellant was in breach of Sections 2.1 and 2.4 and 4.7 of the Press Code and the appeal must therefore succeed”.
It further stated that: “It is accordingly ordered that the finding of the Press Ombudsman and Panel of Adjudicators dated April 20 2015 is overruled, and the sanctions imposed are set aside.”
The Appeals Panel was chaired by retired Judge Bernard Ngoepe.
Wits University Professor of Journalism Anton Harber welcomed the ruling as a reinforcement of the right of newspapers to investigate questionable tenders. Right2Know campaign co-ordinator Mark Weinberg said this proved that co-regulation worked and that the media should carry on performing its watchdog function.
ANC communications manager Keith Khoza said they were still studying the judgment. “
We have just received it (ruling) and we will look at it and involve everyone from legal council to see whether we need to take it forward or not. At this stage, we are not commenting yet,” Khoza said.
Harber said the successful appeal was a victory for free journalism. “The Daily Dispatch report on a questionable tender was important and the links to senior ANC members were relevant – so I am pleased that the Press Council has reinforced the right of newspapers to investigate and report on these matters. It saddens me that the ANC seems more concerned about what is said about their leaders than about the crooked tender itself,” Harber added.
Right2Know’s Weinberg said: “This is a sign that the system is available to those in power who feel they have been wronged.
At the end of the day, good, factually accurate journalism has triumphed and played its role in exposing wrong.
Rather than shooting the messenger, democratically elected leaders must address issues which impact negatively on people’s lives. The media should take the ruling as encouragement and continue playing its watchdog role.”
Dispatch editor-in chief Bongani Siqoko also welcomed the ruling. — Additional reporting by Kariem Hassan
Press council rules in favour of Dispatch in Siyenza saga
The article under the headline “ANC faces behind toilet tender scandal” said the company had links, through certain individuals, to a number of high-ranking leaders of the African National Congress.
It mentioned names of relatives and family members of senior ANC members, who were linked to the Siyenza Group. These included President Jacob Zuma’s son-in-law Lonwabo Sambudla; secretary-general Gwede Mantashe’s wife Nolwandle and their son Buyambo, and Minister Lindiwe Zulu’s son Itoleng.
The report stated the tender had been irregularly awarded in that no proper tender processes had been followed. Photographs of the three leaders were prominently displayed on the front page of the Saturday Dispatch.
The ANC complained to the Press Ombudsman that the article was malicious as its members had nothing to do with the tender; that it did not adjudicate tenders; that the headline was misleading and damaging to its leadership and that no evidence was provided to warrant the parading of the faces of its leadership.
The party also complained that there were inaccuracies in the story and that crucial facts were omitted.
In its initial hearing a panel of three, comprising the ombudsman and two others, adjudicated over the matter and found the Daily Dispatch, inter alia, failed to verify the link between the awarding of the tender and the influence ANC leaders mentioned in the story and depicted pictures; and that it failed to return to Mantashe … to answer his concerns about his influence over the tender.
The ANC also complained that the headline reflecting the content of the report was based on information that could not be proven and was therefore unfair.
The Dispatch was found to be in breach of the Press Code and the ombudsman handed down sanctions on April 20 directing the newspaper to apologise to the ANC; and reprimanded it for “failing to get proper comment from Mantashe”.
The Dispatch lodged an application for leave to appeal the above ruling.
Both parties made legal representations at the hearing and after considering various aspects around the complaint and the ombudsman’s ruling, Judge Ngoepe, who chaired the Appeals Panel, found that the ombudsman “erred in his finding that the appellant was in breach of Sections 2.1 and 2.4 and 4.7 of the Press Code and the appeal must therefore succeed”.
It further stated that: “It is accordingly ordered that the finding of the Press Ombudsman and Panel of Adjudicators dated April 20 2015 is overruled, and the sanctions imposed are set aside.”
The Appeals Panel was chaired by retired Judge Bernard Ngoepe.
Wits University Professor of Journalism Anton Harber welcomed the ruling as a reinforcement of the right of newspapers to investigate questionable tenders. Right2Know campaign co-ordinator Mark Weinberg said this proved that co-regulation worked and that the media should carry on performing its watchdog function.
ANC communications manager Keith Khoza said they were still studying the judgment. “
We have just received it (ruling) and we will look at it and involve everyone from legal council to see whether we need to take it forward or not. At this stage, we are not commenting yet,” Khoza said.
Harber said the successful appeal was a victory for free journalism. “The Daily Dispatch report on a questionable tender was important and the links to senior ANC members were relevant – so I am pleased that the Press Council has reinforced the right of newspapers to investigate and report on these matters. It saddens me that the ANC seems more concerned about what is said about their leaders than about the crooked tender itself,” Harber added.
Right2Know’s Weinberg said: “This is a sign that the system is available to those in power who feel they have been wronged.
At the end of the day, good, factually accurate journalism has triumphed and played its role in exposing wrong.
Rather than shooting the messenger, democratically elected leaders must address issues which impact negatively on people’s lives. The media should take the ruling as encouragement and continue playing its watchdog role.”
Dispatch editor-in chief Bongani Siqoko also welcomed the ruling. — Additional reporting by Kariem Hassan
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