Douglas Mthukwane vs. Diamond Fields Advertiser

SUMMARY

The headline to the story in dispute read, ‘A rapist is like lightning’ (published on 28 August 2012).

This ruling by Deputy Press Ombud Johan Retief was based on the Press Code that was in effect before 30 September 2022.

The story was about court proceedings in a rape case against the former spokesperson of the Ministry of Education, Douglas Mthukwane. The journalist mainly reported what the state prosecutor had said.

Mthukwane complained that the:

• story sought to instigate a kangaroo court verdict against him;
• article was racist; and
• reporter did not ask him for comment.

Retief dismissed the complaint, because:

• the journalist merely reported what had been said during the proceedings – and he had no evidence that the state prosecutor had been misquoted;
• the court case was ongoing – when Mthukwane’s turn came to testify, the newspaper would report his side of the story; and
• there was no trace of racism in the article.

THE RULING ITSELF

This ruling is based on the written submissions of Mr D. Mthukwane and the Diamond Fields Advertiser newspaper.

Complaint

Former spokesperson of the Ministry of Education Douglas Mthukwane complains about a story in the Diamond Fields Advertiser (DFA) on 28 August 2012 and headlined ‘A rapist is like lightning’.

He complains that the:

·         story sought to instigate a kangaroo court verdict;

·         article was racist; and

·         reporter did not ask him for comment.

Analysis

The story, written by Sandi Kwon Hoo, was about court proceedings in a rape case against Mthukwane. Hoo mainly reported what the state prosecutor said.

The DFA says that Hoo attended the court session and merely reported on what was said during the proceedings. “We received no complaints from court officials, including the magistrate, the prosecutor and Mr Mthukwane’s legal representative that we inaccurately portrayed proceedings and events that transpired during the court session.”

The newspaper adds that the court case was ongoing and that it could only publish what transpired in court. When Mthukwane’s turn comes to testify, it would accurately and objectively report his side of the story.

After careful reading of the story, I cannot but agree with the DFA. The article was par for the course – it was plain, straightforward court reporting.

As such, the reporter should not have asked Mthukwane for comment, as this could have prejudiced court proceedings. Moreover, Mthukwane will get his chance to give evidence – which is when the DFA will get a chance to report his side of the story.

I have also looked closely for any trace of any kind of (subliminal) racism, but could not find anything of the sort.

Finding

The complaint is dismissed.

Appeal

Please note that our Complaints Procedures lay down that within seven days of receipt of this decision, either party may apply for leave to appeal to the Chairperson of the SA Press Appeals Panel, Judge Ralph Zulman, fully setting out the grounds of appeal. He can be contacted at [email protected].

Johan Retief

Deputy Press Ombudsman