Appeal Decision: Stratcol Ltd vs Moneyweb
SUMMARY
The headline to the story in dispute read, ‘I lost R33 000 to dodgy debit orders’ – businessman (published on 5 February 2014).
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 story quoted Port Nolloth businessman Koos Smit as saying he had lost more than R30 000 to dodgy debit orders that had been paid to Platinum Credit Card Corporation (PC3). The journalist wrote: “When it comes to disputed debit orders, PC3’s track record is worse than most…”; and, “Despite its poor track record, PC3 remains a client of debit-order company StratCol. This grants it access to the banking system through StratCol’s sponsor bank Absa.”
Hennie Heymans, CEO of StratCol Ltd, mainly complained that the story implicated his company in a dispute about wrongdoing; that it referred to unrelated events in the past; that it focused only on one aspect that had contributed to the dispute; that it failed to point out that StratCol was not directly involved in the dispute; and that it was not given a right of reply (which was the gist of the complaint).
The Adjudication Panel said the references to Stratcol made the company the “subject of critical reportage”, which is why the publication should have obtained the company’s comments – failing which the article unnecessarily tainted Stratcol’s reputation.
Moneweb was directed to apologise to Stratcol for not asking the company, which was the subject of critical reportage, for comment, for not exercising care and consideration in matters involving its reputation, and to delete the reference to the company’s “poor track record” in the article.
Moneyweb then applied for leave to appeal.
Judge Ngoepe granted the application. He said it would be inappropriate for him to discuss the merits of the case at that stage.
THE RULING ITSELF
Moneyweb Applicant
Vs
Stratcol Ltd Respondent
Matter Number 29/2014
Decision: Application for Leave to appeal to the Appeals Panel
- The applicant, Moneyweb, wants leave to appeal to the Appeals Panel, a Ruling by a Panel of Adjudicators handed down in this matter on 7 April 2014. It was a decision of a three member panel. The Ruling followed the complaint which had been lodged by Stratcol Ltd, respondent, following an article published on 5 February 2014 headlined “I lost R33 000 to dodgy debit orders – business man”. The crux of the story related to debit orders, some of which were said to be in dispute or irregular. Subsequent articles on the same topic followed.
- The Panel of Adjudicators found that the applicant acted in breach of articles 2.5 and 4.2 of the South African Press Code. A sanction was then imposed; hence this application.
- In its application for leave to appeal, the applicant raises a few points into which I do not think it would be appropriate to delve, given the conclusion I am minded to come to. After considering the matter on its merits in relation to the specific findings of the Panel of Adjudicators, namely, that the above two articles were violated, and having considered submissions by both parties, I am of the view that the applicant has reasonable prospects of success against the Ruling of the Appeals Panel. My decision has also been influenced by the fact that certain material facts are common cause, or at least not in dispute. Leave is therefore hereby granted to the applicant to appeal to the Appeals Panel against the Ruling of the Adjudication Panel, dated 7 April 2014, namely, that the applicant contravened articles 2.5 and 4.2 of the South African Press Code. As I have said above, it would not be appropriate for me, when granting leave, to go into a discussion of the merits of the case, or the merits of the competing submissions; these will be dealt with by the Appeals Panel.
Date: 9 June 2014
Judge B M Ngoepe, Chair, Appeals Panel
