Xelimpilo Simelane vs Sunday Sun
SUMMARY
The headline to the story in dispute read, ‘Nyaope’s messing with Xeli’ (published on 20 March 2016).
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 Xelimpilo (“Xeli”) Simelane, a member of the four-man music group Uhuru, had allegedly been kicked out of his townhouse in Midrand. According to sources, the singer was evicted for defaulting on his rent, and he was allegedly constantly on a high. Another source was quoted as saying that Simelane was addicted to nyaope.
Simelane complained that the story had unnecessarily harmed his reputation because it falsely stated that he had been:
- evicted from his house;
- drinking drank beer in the street; and
- smoking the drug nyaope;
Retief dismissed the complaint, mainly because:
- Simelane was a public figure, and the media were more likely to publish allegations about drug abuse etc. by public figures than would have been the case otherwise; and
- the allegations came from different and independent sources.
THE RULING ITSELF
This ruling is based on the written submissions of Mr Dominic Komane, on behalf of Mr Xelimpilo Simelane, and those of Johan Vos, deputy editor of the Sunday Sun newspaper.
Simelane is complaining about a story in Sunday Sun on 20 March 2016, headlined ‘Nyaope’s messing with Xeli’.
Complaint
He complains the story has unnecessarily harmed his reputation because it falsely stated that he:
· was evicted from his house over the festive season and stayed over at friends’ houses;
· drank beer in the street; and
· smoked the drug nyaope;
He adds that his business has lost sponsors, dignity, gigs, events and money, and states that he is willing to take blood tests to prove that he does not smoke or eat nyaope. (He says the journalist stopped him from taking such tests.)
The text
The story, written by Kgomotso Moganedi, said that “Xeli” Simelane, a member of the four-man music group Uhuru, had allegedly been kicked out of his townhouse in Midrand. According to sources, the singer was evicted for defaulting on his rent, and allegedly he was constantly on a high. Another source was quoted as saying that Simelane was addicted to nyaope.
The arguments
Vos replies one of the guards at the estate told the journalist:
· “There were numerous incidents at Xelimpilo’s house, he often hosted parties and violated the rules at the estate, invited friends over after 10pm at night. Neighbours often complained about the noise coming from his house when he hosted parties”;
· “Towards [the] end of September, he wasn’t longer hosting parties, I assume it was because of the rent and he was behind with monthly rentals”; and
· “On December 18th, Xeli was evicted from his house due to outstanding monthly rentals and disobeying the rules.”
The deputy editor says he will reveal the identity of this source to me on condition of anonymity.
Analysis
I take the following into account:
· Simelane is a public figure, and the media are more likely to publish allegations about drug abuse etc. than would have been the case otherwise;
· The allegations came from different and independent sources, and I have no reason to believe that they have conspired to all tell the same story (although from different perspectives); and
· I find it difficult to believe that the journalist would have prevented Simelane from taking a drug test – surely, that was the latter’s choice, and the reporter had no say in this matter.
From the above, I cannot conclude that the story was necessarily correct, but I do believe that Sunday Sun had enough reason to believe that it was reasonably true (and therefore to continue to publish the story).
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 Ombud