Derby-Lewis vs Beeld

SUMMARY

The headline to the story in dispute read, Derby-Lewis ‘wil om verskoning vra’ (published on 9 April 2013).

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

This story quoted Malesela Maleka, spokesman for the SACP, as saying that Clive Derby-Lewis should not get amnesty for the killing of Chris Hani as he did not reveal all to the Truth and Reconciliation Commission.

Derby-Lewis’s wife, Gaye, complained that the newspaper had reported Maleka’s opinion, and asked the Ombud’s office to order Maleka to retract his statement.

Retief dismissed the complaint, because Maleka:

• had the right, and freedom, to voice his opinion – the same right and freedom the newspaper had to report his opinion, and
• did not subscribe to the Press Code, which meant that he had no jurisdiction over him.

THE RULING ITSELF

Dear Ms Derby-Lewis

Your complaint against Beeld (Derby-Lewis ‘wil om verskoning vra’ – 9 April 2013) refers.

This story quoted Mr Malesela Maleka, spokesman for the SACP, as saying that Mr Clive Derby-Lewis should not get amnesty for the killing of Mr Chris Hani as he did not reveal all to the Truth and Reconciliation Commission (or that he had lied).

You complain that (a) Beeld reported Maleka’s opinion that Derby-Lewis had lied (he said that other people were involved in the killing) and that the people involved in the murder must tell it all, and (b) you ask this office to direct Maleka to retract his statement.

I cannot do either, as:

·         Maleka had the right to his opinion and to voice that opinion, even if he may have been wrong;

·         South Africa’s Constitution allows people freedom of expression – one needs to obey a court’s decision, but not necessarily agree with it;

·         Beeld had the right to report Maleka’s opinion, and

·         Maleka does not subscribe to the Press Code, which means that I have no jurisdiction over him (I therefore cannot ask him to retract anything).

I am therefore dismissing your complaint.

You may within seven working days of receipt of this decision 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 [email protected].

Johan Retief

Press Ombudsman