Nokulunga Mnqeta vs. Daily Dispatch

SUMMARY

The headline to the story in dispute read, Aspire seeks new financial officer (published on 20 April 2017).

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 Aspire had been looking for a new CFO following Nokulunga Mnqeta’s suspension. The latter reportedly had parted ways with Amathole district municipality development agency (Aspire) following an out-of-court settlement. It was also reported that Mnqeta had been arrested by the Hawks after having been accused of using Aspire funds to settle a R310 000 private legal bill she had incurred while fending off misconduct charges brought against her by the Aspire board.

Mnqeta complained the story inaccurately stated that she had:

• suspended Namhla Cekiso; and
• reached an out-of-court settlement with Aspire;
• left Aspire in December 2015; and
• a job with the Amatola Water Board.

She added that the reportage was an attempt to mislead the public and to tarnish her image.

Retief dismissed the complaint, because the:

• question whether Mnqeta had suspended Cekiso, or merely wrote a notice of her suspension, was mere semantics;
• article did not state that the Aspire board had dismissed Mnqeta;
• wrong date of December 2015 was unfortunate, but nothing much turned on that; and
• reference to Mnqeta having had a “job” at the Amatola Water Board was also immaterial – being a “chairperson” was also a “job”.

The Ombud concluded that the few slight errors in the article were not likely to cause any unnecessary harm to Mnqeta. However, the newspaper was requested to revisit its fact-checking procedures as slight errors could easily lead to serious ones.

 

THE RULING ITSELF

This ruling is based on the written submissions of Ms Nokulunga Mnqeta and those of Sibusiso Ngalwa, editor-in-chief of the Daily Dispatch newspaper.

Mnqeta is complaining about a story in the Daily Dispatch of 20 April 2017, headlined Aspire seeks new financial officer.

Complaint                                            

Mnqeta complains the story inaccurately stated that she had:

·         suspended Ms Namhla Cekiso; and

·         reached an out-of-court settlement with the Amathole district municipality development agency (Aspire);

·         left Aspire in December 2015; and

·         a job with the Amatola Water Board.

She complains that the reportage was an attempt to mislead the public and to tarnish her image.

Note: She does not have the standing to complain, as she does, about the “wrong” designation of Ms Namhla Cekiso, or about the statement that the latter had been suspended. (She is, of course, entitled to complain about the statement that she – Mnqeta – had suspended her.)

The text

The article, penned by Simthandile Ford, said that Aspire had been looking for a new chief financial officer (CFO) following the suspension of the former one by the then CEO, Mnqeta.

The latter was reportedly also suspended, but later parted ways with Aspire following an out-of-court settlement.

Ford also reported that Mnqeta had been arrested by the Hawks after having been accused of using Aspire funds to settle a R310 000 private legal bill she incurred while fending off misconduct charges brought against her by the Aspire board.

Analysis

Suspended Cekiso

Mnqeta says the newspaper is duty-bound to provide proof of its statement; Ngalwa says the newspaper has seen a notice of suspension; Mnqeta replies that there was such a notice, but denies that Cekiso was eventually suspended.

The question of whether Mnqeta suspended Cekiso, or merely wrote a notice of her suspension, is mere semantics. Even if this was technically incorrect, no unnecessary harm could have come to Mnqeta in this process.

Out-of-court settlement with Aspire

Ngalwa says Mnqeta was dismissed by the Aspire board and subsequently challenged her dismissal through the court. She later agreed to leave the agency without a decision by the court.

That is correct. I have an out-of-court settlement between the two parties in my possession, dated 2 June 2015, stating exactly that.

In later correspondence Mnqeta denies that the Aspire board dismissed her – but then, the article she is complaining about did not state that.

Leaving Aspire in December 2015

The editor admits that Mnqeta left Aspire in May 2015, and not in December of that year. He adds it is unclear how such a minor mistake could be construed as an attempt to mislead the public and tarnish her image.

I agree with Ngalwa – nothing much turns on this, as there is little or no chance that the discrepancy between May and December might have caused Mnqeta any unnecessary harm.

Job with Amatola Water Board

Mnqeta says she is the chairman of the Amatola Water Board; Ngalwa agrees.

Again, nothing much turns on this. In this instance, being a “chairman” is also having a “job”, even if it is not of the same nature as those of other employees.

The crux of the complaint: misleading the public, tarnishing her image

The slight errors mentioned above were not likely to cause any unnecessary harm to Mnqeta – not even close.

The newspaper is, however, requested to revisit its fact-checking procedures as slight errors can easily lead to serious ones.

Finding

The complaint is dismissed in its entirety.

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