Gutter journalism relies on name dropping, never establish facts

Written By Lumko Mtimde

I sent my opinion piece for publication on the very Sunday, 05 November 2023, when they showed the best case of gutter journalism for journalism students. They did not publish it nor respond in terms of Clause 1.10 of the
Press Code. Opportunitistically, on the 07th November 2023 after the Newzroom TV interview by Xoli Mngambi, they “abuse” certain of my points in my article. They published their story before the Newzroom TV interview on the 05th November 2023. On the 07th November 2023, they are basing their new article on Newzroom TV and ignore the points I raised in my article. This cannot be allowed. Sunday World have not put my article in
detail in terms of all the regulatory issues I raised. Here is my article, prior to Newzroom TV interview:
High standards in journalistic ethics and practice is very key to freedom of the media, power of the media, responsible journalism and accountability from those who exert and exercise power like the media. Media has a critical and crucial important role in defending our democracy. Professional and good journalism provides fair and balanced information thus defends democracy. The Press Code under the Press Ombudsman prescribes that
media serves society. To give meaning to the above, the Press Code says media provides for independent scrutiny of the forces that shape society, and is essential to realizing the promise of democracy. It enables citizens to make informed judgments on the issues of the day, a role whose centrality is recognized in the South African Constitution.

There are key clauses of the Press Code, it says media shall:
1.1 take care to report news truthfully, accurately and fairly;
1.2 present news in context and in a balanced manner, without any intentional or negligent
departure from the facts whether by distortion, exaggeration or misrepresentation,
material omissions, or summarization;
1.3 present only what may reasonably be true as fact; opinions, allegations, rumours or
suppositions shall be presented clearly as such;
1.4 obtain news legally, honestly and fairly, unless public interest dictates otherwise;
…………
1.7 verify the accuracy of doubtful information, if practicable; if not, this shall be stated;
1.8 seek, if practicable, the views of the subject of critical reportage in advance of
publication, except when they might be prevented from reporting, or evidence destroyed,
or sources intimidated. Such a subject should be afforded reasonable time to respond; if
unable to obtain comment, this shall be stated;

1.9 state where a report is based on limited information, and supplement it once new
information becomes available;
1.10 make amends for presenting inaccurate information or comment by publishing
promptly and with appropriate prominence a retraction, correction, explanation or an
apology on every platform where the original content was published, such as the
member’s website, social media accounts or any other online platform; and ensure that
every journalist or freelancer employed by them who shared content on their personal
social media accounts also shares any retraction, correction, explanation or apology
relating to that content on their personal social media accounts;
1.11 prominently indicate when content that was published online has been amended or
an apology or retraction published. The original content may continue to remain online
but a link to the amendment, retraction or apology must be included in every version of
the content which remains available online;

Clearly if our media was to comply with the Press Code, it would be fair, defend
democracy and not be used to defame people, whether leaders or ordinary citizens.
What we have been reading in the tabloid newspaper, the Sunday World, the last few
weeks, is violating several clauses of the Press Code, from its moneymaking catch
FrontPage Headlines on the 29th October 2023 (Nxesi misled Parliament) to the 05th
November, (ANC Ministers demand R500m bribe from UIF deal – CEO).

Reading the articles, citizens / readers are left less-wiser / non-the-wiser and tested,
whether to believe a Minister, who took an oath of office and acted as part of his duties
to probe a questionable deal signed without his knowledge and approval; and a
disgruntled beneficiary of the unlawful deal. I have no intentions to engage the amorphous
article nor attempt to respond to the article proper, as such exercise given the process in
respect of the subject matter, requires proper legal advice having regard to all the facts
at the disposal of the Ministry. The subject matter report had recommended that the
referred agreement be subjected to a Court Review to seek a declaratory order thereof.
So, there is no need to seek and guess the subject matter, as the Court will determine
whose information is credible and who is the real liar. Unfortunately, readers will be
guessing until the long due legal process rules on the matter.

My article is about the conduct of the tabloid newspaper, Sunday World, which is
displaying gutter journalism and irresponsible. Sunday World has impugned the standing
of the Cabinet members and the ANC without any fact. Ingenaphi kona iANC here? These
alleged acts are done by the referred individuals.
Firstly, the front page on the 29th October 2023 (Nxesi misled Parliament) was unfounded,
based on ill-advised or disgruntled sources. The journalist, Setumo Stone, sent the

questions on Friday 27th October demanding answers by the 28th October on Saturday.
Thus giving unreasonable time to look at his questions against Clause 1.8 of the Press
Code which provides that such a subject should be afforded reasonable time to respond;
if unable to obtain comment, this shall be stated. The Minister spokesperson, Sabelo Mali
asked for reasonable time to respond, but was ignored by Sunday World, when he sent
the responses, Sunday World had already published misinformation and accusations that
are defamatory. Sunday World did not conduct any sort of investigation, like reading the
opening remarks of the Minister with the Parliamentary Hansard record capturing the
discussion based on questions and answers by the Minister where the details were
provided.

The headline and article also showed clear misunderstanding of the law and
regulations, the Minister has the right to receive, acknowledge and accept on his part the
resignation letter and then submit the same to the President. That is what happened and
therefore nothing ultra-virus, nothing unlawful done by the Minister. Against despite what
Clause 1.10 of the Press Code which provides that on receipt of the answer from the
Ministry, Sunday World make amends for presenting inaccurate information or comment
by publishing promptly and with appropriate prominence a retraction, correction,
explanation or an apology on every platform where the original content was published;
Sunday World has not amended the article.

The article based on the FrontPage headline on the 05th November 2023 (ANC Ministers
demand R500m bribe from UIF deal – CEO), is so poorly written. From a journalistic point
of view, nowhere in the article are questions to the accuser, the Thuja Capital CEO
Mthunzi Mdwaba, on whether he did report the bribes to the Police and laid charges
against these so-called Ministers? If not, why not? And if not, why would the claims and
accusations be regarded as valid and be entertained? Why would Sunday World publish
such a story based on hearsay evidence, contrary to (amongst others) Clauses 1.1, 1.2,
1.3, 1.7, 1.8 of the Press Code? The journalist Setumo Stone could have asked the CEO
that question.

It is also strange that names of the referred Ministers are withheld. Surely, if such names
were disclosed to Minister Nxesi, who said he was not aware of this referred agreement,
but now he is also accused of seeking a bribe, he would have disclosed them himself or
the forensic report would have revealed them.
Again, in violation of Clause 1.8 of the Press Code, Setumo Stone sent questions in the
afternoon of Friday the 03rd November 2023 with an unreasonable deadline. The Ministry
replied same day, saying, “Minister refutes and rejects the allegations with the
contempt they deserve. Anyone with such a case of bribery must act and report
such to the law enforcement agencies. The Minister is not going to be part of the
mud and dirty games being played.“ But the article, distorts the Minister’s answer from his spokesperson, Sabelo Mali and present it as if it was different responses from different Ministers.

Also, the authors; Setumo Stone and Mawande AmaShabalala says the ministers
demanded bribes through intermediaries. The article does not probe the possibility of the
so-called intermediaries name dropping and brandishing Ministers names and just using
the name of the ANC as a party when soliciting bribes. If the story of these intermediaries
was to be believed, they hold the key to the truth, which begs the question, why are we
not hearing more from them, by way of quotes in the articles. Even if the target is
politicians rather than the intermediaries, at least some evidence from the intermediaries
should have been provided in the article.

Contrary to the Clause 1.7 of the Press Code which requires that the media verify the
accuracy of doubtful information, the journalists Setumo Stone and Mawande
AmaShabalala did not probe the information nor verify. There is no evidence that the
journalists did their own investigation and generated evidence, that links the people to
corruption. There is clearly no shred of evidence in the article to link the ministers and
those who solicited the bribe.

The articles (both 29 October 2023 and 05 November 2023) are very much in violation of
the Press Code and an embarrassment to the profession. This misconduct by some
journalists and the media, must be presented before the Press Ombudsman, discouraged
and face consequences. The articles lack journalistic integrity because they were not
intended to convey a credible story but bolster desperately contrived narrative. The
journalists did not even ask or pay attention to elementary facts, that are in the public
domain, which if they had taken into account, would not have believed the lies and
reckless imaginations. The truth is treated with disdain to manufacture the new narrative,
which through conflict of interest, has a potential to extract a personal and unlawful deal
on public funds.

The journalists failed to use objective and critical journalistic instincts to discern the
obvious intentions of their sources, which are heaping abusive and defamatory insults on
the Minister. There is reported evidence that the deal did not meet the legal requirements
for its validity, this is not probed by the journalists. The Minister stopped the deal, as he
was obliged to do so, his constitutional duties obliged him to stop this deal as the
Executive Authority and anyone peddling the lies that he did so for a personal grudge
needs their heads examined and sharp journalistic probe can assist readers to expose
this. Journalists have a responsibility in terms of the Press Code, to probe the veracity of
claims made by sources, in compliance with responsibilities going with the profession of
journalism.

Society must deeply resent attempts to cover up corruption by some journalists, whose
interests appear to be nothing but peddle defamatory narratives of a government that is
failing to curb corruption and anti-ANC campaign. What these journalists did, was to
publish an article despite the questions regarding corruption in the matter, failed moral,
ethical leadership and promote unhelpful but deeply hurtful false propaganda. Such
practice in the profession, is a threat to media freedom. I hope that the Editor of Sunday
World Ngwako Malatji will act against these journalists, failing which the Press
Ombudsman and of causes the ultimate face the law. My regulatory concerns raised on
the 05th November 2023 remain relevant.

I repeat, my article is not about substance of the subject matter, the Thuja Capital
Agreement, it is about the practice of the profession of journalism, whose freedom is
protected by the Constitution of South Africa.

Lumko Mtimde is writing in his personal capacity. The award-winning, vast experienced
and long serving public service executive and former CEO of public entities, is a Special
Advisor to the Minister of Employment and Labour and a former Special Advisor in the
Presidency. He is also a former Chief of Staff (Minister of Agriculture, Forestry and
Fisheries) and Chief Director responsible for broadcasting policy (Ministry of
Communications). He has been a media freedom activist and a proponent of independent
media regulation as part of media accountability mechanisms.

Relating to the Post

• No related posts.