NATIONAL NEWS - The press ombudsman has ruled against Daily Maverick over an analysis written by Stephen Grootes, ‘How to ruin a Chapter Nine institution in 28 months’, finding that the publication should have offered spokesperson for the office of the public protector Oupa Segalwe a right of reply.
The office has since released a statement saying Public Protector Busisiwe Mkhwebane welcomes the ruling.
The statement accuses the Daily Maverick of publishing an article “fraught with personal attacks” on Mkhwebane, “including that she was incompetent, biased, part of a campaign to weaken the National Treasury, a criminal or a servant of criminals and that she had damaged her office beyond repair”.
According to the statement, the article also “overlooked or misrepresented facts”.
The article says that while Mkhwebane has complained about more than half of the remedial actions stipulated in her reports not being implemented, it “was her own behaviour and her obvious mistakes that led to the wave of disaffection with her and the important democratic institution she is entrusted with leading for seven years”.
The ruling found that since the piece was written as commentary, it is protected by the Press Code, “even if it is extreme, unjust, unbalanced, exaggerated and prejudiced, as long as it is without malice, is on a matter of public interest, has taken fair account of all material facts that are either true or reasonably true, and is presented in a manner that it appears clearly to be comment”.
While Segalwe accepted this, he complained that he was then refused a right of reply, arguing that Daily Maverick had violated clause 1.8 of the Press Code, which allows “the subject of critical reportage” comment or a right of reply.
Ombudsman Pippa Green found the Daily Maverick was indeed in transgression of this clause, a tier two offence according to the Press Code.
Segalwe must now be granted a right of reply on behalf of Mkwhebane’s office, which must be approved by the ombudsman, provided Daily Maverick doesn’t appeal the ruling.
Grootes declined to comment, while Daily Maverick editor Branko Brkic had not been reached at the time of publication. We will add his comment once received.
The full ombudsman ruling can be read here.
