Ruling by the Press Ombudsman
June 15, 2013
This ruling is based on the written submissions of Mr Buti Manamela, national secretary of the Young Communist League of South Africa (YCL), and the Business Day (BD) newspaper.
Complaint
Mr Buti Manamela complains about a story in Business Day on 15 April 2013, headlined Malema’s political losses turn into Manamela’s gain.
He complains that the:
Analysis
The article, written by Sam Mkokeli, said that Manamela and the YCL stood to benefit from the political demise of Mr Julius Malema – although Manamela may not have enjoyed limitless support in his own party.
Different context
Manamela complains that Mkokeli used his quotes (based on an interview with him) in a “completely” different context, which rendered them malicious and defamatory.
BD says the article was a “friendly interview” and it could not discern any sign of malice or mischief in it, at there was nothing in the text that could have defamed him “even remotely”.
I asked exactly what he meant by a different context, but no response was forthcoming. I therefore am not going to entertain this part of the complaint.
Opinion of journalist
Manamela complains that Mkokeli’s opinion was presented in a news section, under the heading “politics”.
BD says that regular readers would have known that the article was not a news story or a piece of straight reporting:
The editor adds: “Between ourselves we call it a ‘scene’ in which a reporter is required to bring his or her experience to bear on a subject and which, almost by definition, requires some degree of comment and/or analysis.”
I agree with the newspaper’s argument. Besides, the nature of the text is such that no reasonable reader would have interpreted it as a news story (even though it appeared in a news section).
Comment not based on fact
Manamela complains that the article raised and commented on issues that were based on opinion and not on fact.
I asked for clarification, and again no response was forthcoming.
Not asked to respond
Manamela complains that Mkokeli did not ask him to respond to the issue of him benefitting from the political demise of Malema.
The editor replies: “For my part, I think the political editor was entitled to draw that conclusion. It isn’t as if he was accusing Buti of plotting Malema’s demise, or of being actively engaged in it. He merely suggests, drawing on his experience, that Buti was somehow strengthened by it.”
This argument is convincing.
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 Adjudication Panel, Judge Bernard Ngoepe, fully setting out the grounds of appeal. He can be contacted at Khanyim@ombudsman.org.za.
Johan Retief
Press Ombudsman