Appeal Decision: DD Schwarz vs The Herald

Decision: Application for leave to appeal

Applicant: The Herald

Respondent: Schwartz DD

Matter No: 201/2013

Application for leave to appeal to the Appeal Panel: Decision               

1. Applicant applies for leave to appeal the Ruling of the panel of three given on 11 September 2013. The Ruling found that applicant had, in its publication of 6 June 2013, violated articles 2.1, 4.1 and 4.2 of the Press Code in relation to the respondent. A sanction was then imposed.

2. Applicant now seeks leave to appeal the above Ruling, and the sanction imposed.  After considering the matter carefully, I am of the view that leave to appeal should be granted; that being the case, it is not practice to go into the merits or even details of the matter,  lest one prejudges issues still to be argued during the appeal itself. Suffice to say that, in coming to the conclusion that the appeal has reasonable prospects of success, I have, amongst others, taken into account the fact that the panel was not unanimous on certain aspects; one member had a different view.

3. In the circumstances, leave is granted to the applicant to appeal to the Appeals Panel against the Ruling dated 11 September 2013 that the applicant violated the following articles of the Press Code:

(a) Article 2.1

(b) Article 4.1

(c) Article 4.2

Dated this 19th day of October 2013.

Judge B M Ngoepe, Chair, Appeals Panel.