Mbalekwa Sindane vs. Daily Sun

SUMMARY

The headline to the story in dispute read, I hope my attacker rots in jail! (published on 5 April 2018).

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

The article said that Mbalekwa Sindane had heard loud “screams of pleasure” when he had visited the place where his girlfriend stayed. Thinking that she might have rented out her room to lovers, he reportedly angrily knocked at the door, after which he peeped through the window to see what was going on. He reportedly got the shock of his life when he saw his girlfriend in bed with another man. The man then allegedly came out of the house and started to beat him. “I want him to rot in jail for beating me,” he reportedly said.

Sindane complained the story falsely stated that he had:

• found his girlfriend sleeping with someone else (while she was not even in the house);
• knocked on the door and even peeped through a window to see what was going on inside; and
• said that he still wanted to marry his girlfriend.

Retief said he had been left between a rock and a hard place – the journalist and the photographer stuck to their story, while Sindane vehemently denied that he had said the words in question.

The Ombud’s meetings with Sindane and with the two journalists and their bureau chief in Pretoria did not bear any fruit.

“This has left me with no reasonable ground to come to a responsible finding,” the Ombud said.

The complaint was dismissed.

THE RULING ITSELF

PARTICULARS

Complaint                                            

Sindane says the story falsely stated that he had:

·         found his girlfriend sleeping with someone (while she was not even in the house);

·         knocked on the door and even peeped through a window to see what was going on inside;

·         said that he still wanted to marry his girlfriend; and

·         been advised by Cullinan police spokeswoman Constable Connie Moganedi to visit the police station if he had not been happy with the progress of the case, adding that the investigating officer did not execute his duties properly as his assailant had not been arrested.

Note: I cannot adjudicate this last part of his complaint, as my mandate is restricted to what the newspaper has published – I have no mandate to pronounce on what the Police have done or ought to have done.

The text

The article says that Sindane heard loud “screams of pleasure” when he visited the place where his girlfriend stayed. Thinking that she might have rented out her room to lovers, he angrily knocked at the door, after which he peeped through the window to see what was happening.

He reportedly got the shock of his life when he saw his girlfriend in bed with another man.

The man then allegedly came out of the house and started to beat him. “I want him to rot in jail for beating me,” he reportedly said.

Analysis

Rammutla says he got his information from Sindane himself – and his photographer corroborates his version of what the source told the two of them.

This has left me between a rock and a hard place – I had two people’s word against one, with no way of ascertaining with any reasonable amount of certainty who was telling the truth.

I have therefore met with Sindane, and a few days later with the two journalists and their bureau chief in Pretoria, to hear their stories first-hand. Vos was present on both occasions.

The outcome was disappointing, but it was what was to be expected – both sides stuck to their stories.

My office has also tried on several occasions to get hold of the woman’s brother, as Sindane told me he was a witness to the whole affair. This person never answered his phone, nor did he respond to a message to call back.

This has left me with no reasonable ground to come to a responsible finding. I am also taking into account that I could not discern a single reason why the two journalists should have lied to the public and to me.

Given this situation, I have no reason to find against the newspaper.

Finding

The complaint is dismissed.

Appeal

The 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