Kgosientso Ramokgopa vs. Pretoria News

Sat, Nov 1, 2014

Ruling by the Press Ombudsman

1 November 2014

This ruling is based on the written submissions of the executive mayor of the City of Tshwane, Kgosientso Ramokgopa, and those of Valerie Bojé, editor of the Pretoria News newspaper, and Tania Stapelberg.

Complaint

Ramokgopa is complaining about an article published in the Pretoria News of 6 September 2014, headlined Jobs for pals council shock – But mayor says cadre deployment is just fine.

 He complains that the:

• story is malicious, politically motivated, harmful, racist and defamatory of him; and
• headline is misleading.

The text

The story says that the City of Tshwane has been hit by a “jobs for cadres scandal”, following the emergence of a confidential “list of comrades used for patronage by the ANC leadership”. This list is said to show 77 people in leadership positions in the ANC at branch level across the metro who are working at various divisions within the city administration. According to the article, the names of these people are known to the newspaper.

Ramokgopa reportedly denies these allegations.

Analysis

Malicious, etc.

Ramokgopa complains that the story is malicious, politically motivated, harmful, racist and defamatory of him.

He adds that the newspaper did not solicit views contrary to those of the opposition (DA). Failure to “practically speaking” attempt to obtain his views or those of any other responsible official “could be used to substantiate the view that the Pretoria News is conducting itself in a manner that furthers the ends of political opposition parties in the country”.

Ramokgopa also says the story insinuates that a list of comrades is deployed – but it never names these people. “The article only contains blanket, broad sweeping statements that cannot be substantiated.”

He concludes that this, in turn, creates the false impression that:

• a fair and transparent process for the appointment of officials is flouted when those sympathetic to the ANC are employed; and
• ANC branch structures are of such a poor quality that they could not possibly produce any professionals of sufficient caliber to serve society.

Bojé denies that the newspaper has any vendetta or politically motivated agenda against either the City of Tshwane or its mayor – as is clear from its record of balanced reporting.

The editor also argues that it is common practice to seek comment from other sources. “In this case the opposition in council and an expert in the field seem appropriate.” She adds that the journalist did get comment from the City’s media office as well. This statement included comment from Ramokgopa, which is reflected in the story.

She concludes that cadre deployment at all levels of government is a fact. “I believe the article to be newsworthy and in the public interest.”

                                    My considerations

I wrote the following email to Pretoria News:

“The story mentions it as fact that there is a list of 77 cadres ‘used for patronage’ by the ANC.

“The veracity of the story hinges on the credibility of this list, which boils down to the questions of:

·         who compiled it; and

·         how it was implemented (if at all).

“Having stated the existence of this list as fact in the story and coupling it to a ‘jobs for cadres scandal’, the onus is on the newspaper to provide proof to this effect.”

The newspaper responded as follows:

• The list was compiled by disgruntled members of the Tshwane ANC, some of whom were employed by the city, in the build-up to the party's ninth regional conference;
• They did so to show that due and democratic processes had not been followed in finalising the list of those attending the conference;
• The purpose of the list was to prove that most conference delegates with voting powers would vote for the incumbent chairperson because he gave them jobs in the municipality. The names of such delegates, all employed by the city, appeared on the list; and
• The city was aware of such a list and attempted to argue that it had its own list, aimed at ascertaining the political affiliations of its employees.

The newspaper’s response is rather puzzling.

The story mentions it as fact that there is a list of 77 cadres used for patronage by the ANC. This leaves the impression that the list is an official ANC document. But now, by the publication’s own admission, the list is not official because it was drawn up by disgruntled ANC members.

If the story stated that the list had been compiled by disgruntled ANC members, it would have been a different kettle of fish.

I therefore believe that the story caused the mayor and his administration some unnecessary harm, both to their dignity and reputation.

However, I have no reason to believe that the journalist was malicious or racist.

I also note that the newspaper did not respond to my question as how the list had been implemented.

Secondly, not only did the story state the existence of an ANC list as fact, without any attribution, but the journalist also clearly made no attempt to verify the information – as is required by the Press Code. Also, if it was not possible to verify the data, the journalist should have stated that in her report.

The story did quote the mayor as well as his spokesman, and I am satisfied that his denial of the allegation was sufficient.

Headline

Ramokgopa complains that the headline is misleading in that the use of the:

• word “pals” implies that he was employing his friends in the municipality – with no proof to this effect; and
• phrase “council shock” incorrectly portrays “the true state of affairs” (as there was no such “shock”).

Bojé says that the:

• phrase “jobs for pals” is commonly used and these “pals” were not defined;
• word “council” refers to the institution as a whole, rather than to the body which holds meetings; and
• word “shock” is an overused headline-word “which I agree may be inappropriate in this context”.

Regarding the sub-headline, the editor argues that the words were taken directly from the mayor’s comment (“the ANC adopted a cadre policy and strategy”).

                                    My considerations

When the content of a story is false, then the headline (which is meant to reasonably reflect the gist of the article) would be incorrect as well – as is clearly the case in this instance.

Finding

Malicious, etc

The story wrongly and without justification stated as fact that the ANC had used a list for patronage. This is in breach of the following sections of the Press Code:

• 2.1: “The press shall take care to report news truthfully, accurately and fairly”;
• 2.4: “Where there is reason to doubt the accuracy of a report and it is practicable to verify the accuracy thereof, it shall be verified. Where it has not been practicable to verify the accuracy of a report, this shall be stated in such report;” and
• 4.7: “The press shall exercise care and consideration in matters involving dignity and reputation…” (not one of the four exceptions to this requirement has been met by Pretoria News).

The complaint that the story was malicious and racist is dismissed.

The complaint about not giving the mayor a right of reply is dismissed.

Headline

The headline is in breach of the same sections of the Code as mentioned above, and for the same reasons.

Sanction

Pretoria News is directed to:

• apologise to Ramokgopa and the City of Tshwane for:
  • falsely, without substantiation or justification, stating it as fact (both in the story and in the headline) that the ANC had a confidential “list of comrades used for patronage by the ANC leadership”;
  • causing unnecessary harm to their dignity and reputation;

• publish this apology prominently and on:
  • the same page as the original story;
  • its website (if the story appeared there as well).

The newspaper should furnish our office with the text prior to publication, and end it off with the following sentence: “Visit www.presscouncil.org.za for the full finding.”

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