Ruling by the Press Ombudsman
27 July 2015
This ruling is based on the written submissions of Ms Lindie Lankalebalelo, legal advisor to the National Health Laboratory Service (NHLS), and those of Dominic Mahlangu, editor of TimesLive.
Complaint
The NHLS (responsible for providing medical laboratory services to all patients who use state facilities) is complaining about an article in TimesLive of 20 April 2015, headlined Medical test results ‘can’t be trusted’.
The NHLS complains that the journalist:
· presented the following views as fact:
o its medical test results cannot be trusted;
o it had experienced an exodus;
o board chairman Prof Algonda Perez had resigned; and
o there had been a cash crunch, and that it came about after Gauteng and KwaZulu-Natal (KZN) disputed invoices and withheld payment;
· inaccurately reported that:
o more than 1 000 of its 7 500 members of staff had resigned in the past year – despite its denial to this effect;
o e-mails to acting CEO Joyce Mogale went unanswered – these enquiries were allegedly about xenophobic attacks in South Africa; and
o Department of Health (DoH) spokesman Joe Maila had not responded to multiple enquiries;
· neglected to:
o refer to any approved quality assurance measures or tools used by the NHLS in conduction tests and issuing results; and
o report its response to statements that it had been on the point of collapse, and that Perez had been pushed out;
· reported out of context; and
· failed to seek its views.
The text
The story, written by Katharine Child, quoted a senior medical doctor at a Gauteng academic hospital as saying that the number of errors in NHLS results had “rocketed” and that the test turnaround times were too long. The article reported that more than 1 000 of the 7 500 members of staff had resigned in the previous year and that staff morale was said to have plummeted.
Analysis
Presenting views as fact
The gist of the complaint is the statement of fact, both in the story and in the headline, that medical test results cannot be trusted. Lankalebalelo says the headline was untruthful, inaccurate, out of context, unbalanced, prejudicial, presenting opinion as fact, and unfair.
TimesLive said it got the statement that errors were rocketing from inside sources (plural). In addition, Gauteng MEC for Finance Barbara Creecy had stated that problems were being experienced with NHLS tests – including results unrelated to the condition of the patient. “This is public evidence that shows what my sources were saying [was] not wrong.”
TimesLive also said the following members of the Board left in the previous year: Prof Algonda Perez, Prof Fazel Randera (deputy chairman), Frew Benson, Lucky Mpisane and Adv Lufuno. In addition, these Exco members left: Nosipho Sangweni, communication manager Kaamini Reddy, HR manager Nimee Dhule and CEO Sagie Pillay (contract not renewed).
Mahlangu added that the board meeting on April 28 could not be held as there was no quorum. “I think this shows there is an exodus of senior staff.”
Regarding NHLS’s cash problems, Mahlangu said Pillay stated that the regions of KZN and Gauteng owed a huge amount of money. “It is the reason the way the NHLS is being restructured with less money going to Provinces and more directly from Treasury to the service. This was covered in detail in the media from March 2014…”
The editor added that an answer from DoH spokesperson Maila, sent a day after publication, showed that R4.3-billion was owed by Gauteng and KZN.
My considerations
Medical test results cannot be trusted
The introductory sentence to the story read, “A senior doctor at a Gauteng academic hospital said the number of errors in the results of [NHLS] tests had ‘rocketed’…” The headline quoted this statement as somebody’s opinion.
This part of the complaint cannot hold water, as it is not true that this doctor’s view was presented as fact – neither in the story, nor in the headline. If a senior doctor at an academic hospital makes such a statement – which he or she is qualified to do – then TimesLive is equally justified in reporting it. It certainly was in the public interest to do so.
What is more, in her response to questions tabled by Mr J.B. Bloom of the DA (dated 22 May 2015), Gauteng Health MEC Q.D. Mahlangu mentioned that the following problems had been reported: “Credibility and quality of NHLS results is highly questionable. Allegations by clinicians are that…two different results are often reported from the same sample and that some reported results are not compatible with patient’s (sic) clinical condition.”
Experiencing an exodus
The caption to the picture said, “There has been an exodus of senior management and skilled staff at the [NHLS]…” The story referred to more than 1 000 members of staff who had resigned in the previous year.
This issue will pop up again, but at this stage the editor’s argument is convincing. Even if the net impact of people leaving and joining is -371 (out of 7 500, see Lankalebalelo’s argument below), the use of the word “exodus” is still justified.
Perez
The story states as fact that Perez was forced to resign.
I note that Lankalebalelo did not complain about the statement that Perez was forced to resign, but merely about the statement that she resigned.
I address the question of TimesLive’s failure to report a denial lower down.
Cash crunch
The NHLS complains the story inaccurately stated that there had been a cash crunch, and that it came about after the Gauteng and KZN legislatures disputed invoices and withheld payment.
Health MEC Mahlangu stated in her response to the Gauteng Legislature that an amount of R800-million had been scheduled to be paid to the NHLS, and that this amount had been outstanding for more than 90 days. She added that the department continued to process invoices relating to the NHLS. “The final step in the payment release process will be completed once a resolution has been reached on the amount owed to the Provincial Department of Health.”
From this, I conclude that the reporting on this issue was justified, and that allegation was not presented as fact.
Inaccurate reporting
NHLS says it is untrue that more than 1 000 of its 7 500 members of staff resigned in the previous year, that e-mails to acting CEO Joyce Mogale went unanswered (these enquiries were allegedly about xenophobic attacks), and that Maila did not respond to multiple enquiries;
Lankalebalelo points to Child’s statement to Maila, namely that the NHLS lost about 1 000 staff members in the previous year, and a response by Vishal Brijlal, consultant for the Department of Health, namely: “This is also incorrect. NHLS did lose staff but the net impact of people leaving and joining is -371.”
She complains that TimesLive nevertheless went ahead and published an exaggeration.
She adds the statement in the story that Maila did not respond to multiple enquiries was untrue.
Mahlangu says he got the figure of 1 000 staff members who have left the NHLS in Section 27 magazine and in Mail & Guardian articles. “I questioned NHLA and DoH on this and received no answer. Had I received an answer, I could have used it.”
He adds that five days before the story was published, Child called Mogale and told her to expect queries later that day. The journalist says she e-mailed Mogale the next day.
My considerations
1 000
The story stated as fact, “More than 1000 of the service’s 7500 staff…have resigned in the past year.”
Brijlal, as noted by Lankalebalelo, responded to Child as follows: “This is also incorrect. NHLS did lose staff but the net impact of people leaving and joining is -371.”
I did not understand Mahlangu’s response (that he had not received an answer to this question) – as Brijlal was said to have mentioned the figure of -371 to the journalist – which is why I investigated this matter (see the argument under the heading “Maila not responding” below).
Be that as it may, from Brijlal’s response it is clear that more than 371 members of staff resigned (because some people were joining as well). Lankalebalelo did not provide me with figures on exactly how many people resigned, so I am not in a position to make a definite finding on this issue.
Let me note, though, that it is dangerous to quote from other publications, assuming their reporting to be correct – which is not necessarily the case.
Joyce Mogale
The story said that e-mails to Mogale went unanswered.
NHLS says that these enquiries were about xenophobic attacks in South Africa, and therefore not pertinent to the story.
I have asked Mahlangu for a copy of the e-mail sent by Child to Mogale on April 16. This e-mail was not about xenophobic attacks, but about the issues raised in the story. Consequently, I cannot find for the complainant on this issue.
Maila not responding
The story said that Maila had not responded to multiple enquiries.
From the information at my disposal, it is technically correct to say that Maila did not respond. However, he referred enquiries to Brijlal, who (it is reasonable to assume) responded on his behalf.
Child denies that she received any such e-mail from Brijlal. I have therefore forwarded her the latter’s response and gave her time to locate the correspondence. TimesLive’s IT people tried to trace that specific e-mail, but without any success. This was verified by Mimecast.
I am therefore giving TimesLive the benefit of the doubt on this issue.
Neglecting to report
NHLS complains that TimesLive neglected to refer to any approved quality assurance measures or tools used by NHLS in conduction tests and issuing results; also that its responses to the statements that it had been on the point of collapse and that Prof Algonda Perez had been pushed out, were not published.
Lankalebalelo points me to the responses provided to Child by Brijlal following questions/statements posed by the journalist:
Question: “What can be done to assure staff who are feeling insecure as fellow colleagues leave, the board has problems and bills are not paid by 2 provinces?”
Response:
· “The NHLS has prioritized reserving funds for a minimum of two months as per the directive from the Minister;
· “The Minister has also iterated with provincial MECs for Health and Treasury that funds will be redirected to NHLS if provinces fail to pay current bills;
· “This has already been done once;
· “The CEO is regularly meeting with staff in all provinces to assure them that of these issues.”
Question: “What can be said to assure the public that this vital health institution won’t collapse?”
Response:
· “Same as above;
· “[At] no stage has NHLS stopped providing a service and patients requiring laboratory tests are having these tests performed.”
Brijlal also denied Child’s statement that Perez was forced to resign.
Mahlangu replies that four independent sources confirmed that Perez had resigned. “I tried to get hold of NHLS and DoH and got no response. I also tried Dr Perez on two cell numbers via sms and calling and emailed her.”
My considerations
No mention of approved quality assurance measures
The texts referred to above make no mention of any “approved quality assurance measures”, which means I have nothing to go on to find in NHLS’s favour.
On point of collapse
The story did not state, nor did it imply that NHLS was “on the point of collapse”. The caption to the picture stated that there were “fears of its collapse” (my emphasis). Given the situation at NHLS, this statement was justified.
Perez pushed out
Lankalebalelo argued that the statement that Perez had been pushed out should have been balanced with Brijlal’s denial to this effect.
I agree – but again, if TimesLive did not receive the correspondence, as was confirmed by the IT company, it would be unreasonable to find against the publication.
Out of context
NHLS complains that it has over 260 laboratories – yet TimesLive reported the view of one medical practitioner in one laboratory, as if it was a reflection of the entire NHLS.
My considerations
This one doctor, a senior medical practitioner, was not alone – as I have argued above, Health MEC Mahlangu backed up the doctor’s statement in her response to the Gauteng Legislature.
This, I submit, justified the reporting on the issue at hand.
Failing to seek NHLS’s views
Lankalebalelo says she attached proof that the journalist’s questions about NHLS posed to Maila (and not to the NHLS directly) had been answered; yet in its article the newspaper and journalist stated that questions to the Health spokesperson and NHLS were unanswered, which Lankalebalelo calls a blatant lie and untruth, showing partiality in reporting by the newspaper and/or the journalist. She continues:
“The document attached as statements by the MEC is dated 22 May 2015; the newspaper relies on these statements allegedly made by the MEC which are directly related to NHLS quality of test results, yet none of the questions that the journalist and/or newspaper posed to Health spokesperson was to comment on the NHLS’ quality of test results, as required by particularly section 2.5 of the Code.
“To date the newspaper and/journalist is unable to provide proof of the emails allegedly sent to NHLS interim CEO, Mrs Joyce Mogale and former marketing and communications manager, Kaamini Reddy.
“We reiterate the newspaper and/or journalist never posed a question on quality of NHLS test results to NHLS or Health Spokesperson before publishing such critical reportage on NHLS quality of test results, which is in violation of among others, section2.5 of the Code.”
She concludes that TimesLive should have approached NHLS for its views on the quality of test results.
Mahlangu denies the allegation that TimesLive did not seek the NHLS’s views. He mentions several instances when he tried to get comment – which, he says, was mostly in vain.
My considerations
Child denies that she has received communication from Brijlal.
TimesLive’s IT people tried to trace that specific e-mail, without any success. This was verified by Mimecast.
Finding
The complaint is dismissed.
Sanction
As there was no breach of the Press Code, it follows that there is no sanction. However, TimesLive is under a moral obligation to report Brijlal’s response (which I have forwarded to the publication). I leave this matter up to TimesLive.
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 Khanyim@ombudsman.org.za.
Johan Retief
Press Ombudsman