Mashabela Galane vs. Sunday Sun

SUMMARY

The headline to the story in dispute read, Mashabela has Lebo up in arms (published on 18 September 2016).

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

 

The article quoted Fat Brain Ideas strategist Lebogang Mashishi as saying that Mashabela Galane was a thief because he had stolen his concept for a reality TV show.

Galane complained that this was false, and that the story also incorrectly stated that Mashishi had called him.

Retief said he was not mandated to decide whether Galane stole Mashishi’s idea or not – that was a matter for a court of law to decide. His task was to establish whether the newspaper was justified in publishing the allegation that Galane was a thief.

He inter alia considered that:

• there were indeed similarities between Mashishi’s proposal and the show that Galane had planned; and
• the story did not state theft as a fact, but as an allegation.

The complaint was dismissed.

 

THE RULING ITSELF

This ruling is based on the written submissions of Mr Mmalenyalo Wabile, on behalf of the comedian Mashabela Galane, and those of Johan Vos, deputy editor of the Sunday Sun newspaper.

Galane is complaining about a story in Sunday Sun of 18 September 2016 (both in print and online), headlined Mashabela has Lebo up in arms.

Complaint

Galane complains that the story falsely stated that:

·         he had stolen Fat Brain Ideas strategist Lebogang Mashishi’s proposal for a reality TV show about indigenous food; and

·         Mashishi called him.

The text

The article, written by Kgomotso Moganedi, quoted Mashishi as saying that Galane was a thief because he had stolen his concept for the reality TV show.

The complaint in more detail

Wabile says Moganedi called him and Galane on different occasions, informing them there was a claim against an event they had planned for September 24. The claim was that the idea of the event, which was called Indigenous Food, Comedy and Music Festival, belonged to Mashishi.

He confirms that a proposal for a TV show was sent to him (on May 16, 2016), with Galane as the main host. However, he says he did not read the proposal and therefore also did not acknowledge receipt.

Wabile adds that Galane was not aware of this proposal either, until the reporter called them. He attests, “The article states that Lebogang Mashishi called Mashabela, I can personally confirm that Fat Brain does not have his contact details, and I am the ONLY person they could have contacted.”

He adds they had informed Moganedi that their business partner at the time, Nina Hastie, had written the proposal for them, adding, “Kgomotso then confirmed … that he would engage his manager given that Lebo Mashishi’s story was untrue.”

Sunday Sun responds

Vos says according to Mashishi he contacted Galane’s manager, not Galane.

Vos further argues that:

·         the story was published as an allegation, and not as fact;

·         the entire article attributed the allegations to Mashishi (who had accused the comedian of stealing his concept);

·         some aspects of the proposals from the two parties were similar (both including indigenous food, music and comedy); and

·         Moganedi gave both Wabile and his manager a right of reply, and their responses were published.

He also notes a contradiction between the statements of Wabile and his manager – the former said he did not do proposals, while his manager told the reporter that Wabile had been working on the idea since the previous year.

Analysis

I am not mandated to decide whether Galane stole Mashishi’s idea or not – that is a matter for a court of law, if the accusation goes that far. My task is to establish whether the newspaper was justified in publishing the allegation that Galane was a thief.

In other words, I am looking at this matter not from a legal perspective, but from a journalistic one – and a media ethical one, at that.

I take the following into account:

·         By Wabile’s own admission, Mashishi did send him a proposal (and it was not the latter’s fault if he did not read the correspondence);

·         There were indeed similarities between Mashishi’s proposal and the show that Wabile and Galane had planned;

·         Wabile and his manager expressed contradicting versions on this issue;

·         The story did not say that Mashishi called Galane, as alleged by the latter – it stated that Mashishi had called Galane’s manager; and

·         The story reflected Mashishi’s allegations, and did not state theft as fact.

Given these facts, I am satisfied that Sunday Sun was justified in publishing the allegations as allegations.

The dispute about how many times the reporter called the complainants really is not relevant.

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