Adv Itumeleng Masako vs. Beeld
SUMMARY
This ruling by Press Ombud Johan Retief was based on the Press Code that was in effect before 30 September 2022.
Adv Itumeleng Masako complained about stories that had been published some years ago.
The stories were about Masako having been found guilty and sentenced by a court of law, but the Appeals Court later overturned those decisions. Masako mentioned that the newspaper had not reported on his acquittal.
Retief said Section 1.3 of the Complaints Procedures did not allow him to entertain a matter that had been published so long ago. However, he said that Beeld had prepared a follow-up story with exactly that in mind – but it had (rightly) delayed the publication thereof because Masako insisted on an apology.
The Ombud said that Beeld’s text was balanced and that it should be published.
THE RULING ITSELF
Dear Adv Itumeleng Masako,
Your complaint against Beeld refers.
You complain about stories that have been published some years ago.
The gist of the issue is that you were convicted and sentenced by a court of law (about which Beeld has reported). In March 2016, however, the Appeals Court found for you – and now you want a retraction and an apology from the newspaper, adding that it has not reported on your acquittal.
I am not even going to mention the details of your complaint or of these stories, as Section 1.3 of our Complaints Procedures does not allow me to entertain a matter that has been published so long ago.
A retraction or an apology is therefore out of the question.
I do agree with you, though, that the newspaper should have reported on the outcome of your appeal.
Beeld has prepared a follow-up story with exactly this in mind – but it has (rightly) delayed the publication thereof because you insist on an apology.
This text is balanced and it should be published.
Our Complaints Procedures lay down that within seven working days of receipt of this decision, you 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].
I am asking Beeld to delay the publication of its story until it becomes clear that you are not going to appeal, or if you are, pending its outcome.
Regards,
Johan Retief
Press Ombud