Appeal Decision: Danie Mouton, Pieter Fourie vs. Rapport

SUMMARY

The headline to the story in dispute read, Kerkman lieg, sê brief (published on 10 March 2013).

This ruling by the Chair of the Appeals Panel, Judge Bernard Ngoepe, was based on the Press Code that was in effect before 30 September 2022.

The article was based on letters written by Danny Fourie in which he had accused two prominent people in the DR Church, Dr Pieter Fourie and Rev Danie Mouton, of lying.

The clergy complained that the article was based on unsubstantiated accusations that had harmed their personal integrity and reputations as ministers and leaders in the church.

The Ombud dismissed the complaint, based on a letter by Danny Fourie in which he had issued a public apology to both Fourie and Mouton, adding that he had based his letter on inaccurate/false facts and assumptions.

Rapport then applied for leave to appeal.

Judge Ngoepe granted the appeal.

THE RULING ITSELF

Rapport                                                   Applicant

Vs

Danie Mouton                                         Respondent

And In the Matter of

Rapport                        Vs                         Applicant

Decision On Applications For Leave To Appeal To The Appeals Panel

____________________________________________________

1. The two applications are dealt with together herein. The facts overlap in many respects and the matters are interrelated to a great extent.
2. I have considered the facts, complaints, the responses, the submissions of the parties as well as the Findings of the Ombudsman and the reasons therfor. Having done so, and taking into account the many unusual features of the cases, I am of the view that the Applicant has, in both matters, reasonable prospects of succees on appeal to the Appeals Panel. Leave to appeal is therefore granted in both matters.

Dated on this 2^nd day of July 2013.

Judge B M Ngoepe, Chairperson: Appeals Panel