TO: Prof Thidziambi Phendla
6 December 2013
Dear Prof Phendla
Your complaint against Sowetan (received 2 October 2013) refers.
There are two compelling reasons why I cannot entertain your complaint:
1. The reports in question were published in 2011 and 2012. The mandate of this office did not extend to the internet at the time of publication (even though these are still reflected on the publication’s website); and
2. Even if I am mandated to examine your complaint, it has no grounds to succeed. You complain that the stories incorrectly stated that you have been found guilty on charges of corruption, “whereas the charges in fact related to other types of labour related misconduct”. However, official documentation at my disposal, supplied by yourself to this office, indeed refer to a charge having received a bribe, on which you have been found guilty (31 October 2011, 13 April 2012). The stories themselves that are at my disposal indeed correctly reflected this matter (it referred to an “irregular tender scandal”, to “gross misconduct relating to tenders”, and to having been “found guilty of several cases of misconduct”.
If you are unhappy about the above, you should take up the matter with the University of Venda and not with this office – the newspaper was in this instance merely the messenger.
You may also apply for leave to appeal against this decision by writing to the Chair of Our Appeals, Judge Bernard Ngoepe, within seven working days of receipt of this decision, fully setting out the grounds of appeal. He can be contacted at Khanyim@ombudsman.org.za.
Regards
Johan