Fezokuhle Zulu vs. Sunday Sun

SUMMARY

The headline to the story in dispute read, headlined Boity cuddles up with Cassper (published on 28 June 2015).

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

The story said that award-winning hip-hop star Cassper Nyovest seemed to have forgotten TV star Fezokuhle Zulu – he reportedly seemed to spend lots of time with “bootylicious Boity Thulo”. Sources “in celebville” had reportedly said a heartbroken Zulu had been telling her friends that Thulo had bumped her out of Nyovest’s heart and added that Zulu wanted to have “a thing” with Metro FM’s DJ Sphectacula, but that he had told her to go fly a kite.

Zulu complained it was untrue, fabricated, unverified and unfair that she had been:

• dumped by Nyovest for another woman and that she had been heart-broken (she said she informed the journalist, prior to publication, that these claims were wrong); and
• trying to get back to her ex-boyfriend, DJ Sphectacula, who told her he was no longer interested in her.

Zulu added that:

• the story contained statements of a sexual nature that falsely made her appear to be promiscuous and that it had unnecessarily tarnished her dignity and reputation; and
• her phone records showed that the reporter called her twice and that she had a witness who would substantiate this information.

The newspaper disagreed, saying that Zulu had hung up the phone on the reporter twice and that she had been “extremely uncooperative”.

Retief said that he had given Zulu several opportunities to come forward with her phone records, but this was to no avail. This had left him with one option only, which was to accept the newspaper’s version.

Dismissing the complaint, the Ombud added that it was not true that the story had attributed “so many things” to her – the story was based on sources, and he had no evidence that the statements in dispute were untrue, fabricated, unverified or unfair.

THE RULING ITSELF

This ruling is based on the written submissions of Ms Fezohule Zulu and those of Jeremy Gordin, publisher of the Sunday Sun newspaper.

Complaint

Zulu is complaining about a story in Sunday Sun, published on 28 June 2015 and headlined Boity cuddles up with Cassper.

She complains that the following statements were untrue, fabricated, unverified and unfair, namely that she had been:

·         dumped by rapper Cassper Nyovest for another lady and that she had been heart-broken (she says she informed the journalist, prior to publication, that these claims were wrong); and

·         trying to get back to her ex-boyfriend, DJ Sphectacula, who told her he was no longer interested in her (despite sources who had given information to the contrary).

Zulu adds that the story contained statements of a sexual nature that falsely made her appear to be promiscuous and that have unnecessarily tarnished her dignity and reputation.

The text

The story, written by Bongani Mdakane, said that award-winning hip-hop star Cassper Nyovest seemed to have forgotten TV star Fezokuhle Zulu – he reportedly seemed to spend lots of time with “bootylicious Boity Thulo”. Mdakane wrote that sources “in celebville” had said a heartbroken Zulu had been telling her friends that Thulo had bumped her out of Cassper’s heart, and added that Zulu wanted to have “a thing” with Metro FM’s DJ Sphectacula, but that he had told her to go fly a kite.

Analysis

Gordin says the reporter did call Zulu, but she hung up the phone on him twice – she was “extremely uncooperative”. Mdakane did not contact Sphectacula as he was not germane to the story.

He adds that the newspaper trusts its sources “and therefore stands by the story”.

Zulu replies that the newspaper is dishonest and is attempting to mislead this office. She says that she spoke to the reporter and made it clear “numerous times” that his information was false. “[H]ow then do they attribute so many things to me…if they did not speak to me.”

She says the newspaper presented hearsay as fact.

Zulu adds that she has phone records to show that the reporter called her twice – the second call lasted “well over 5 minutes” − and that she has a witness who will substantiate this information.

My considerations

I have given Zulu several opportunities to come forward with her phone records, to no avail. This leaves me with one option only, and that is to accept the newspaper’s version on this issue.

Also, Zulu’s statement that the story attributed “so many things” to her is not correct. The story is based on sources, and Mdakane’s only quote from her was, “I won’t entertain what you are saying.”

I have no evidence that the statements in dispute were untrue, fabricated, unverified or unfair.

Finding

The complaint is dismissed.

Appeal

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

Johan Retief

Press Ombudsman