The Department of Communications (DOC) will apply for leave to appeal the press ombudsman's recent dismissal of complaints against the Sunday Times by communications minister Dina Pule.
This follows press ombudsman, Johan Retief's, findings that the weekly broadsheet had not violated the press code and that there was no evidence of unethical conduct on the part of the newspaper or its editor, Phylicia Oppelt.
The DOC said in statement that it is "outraged" by the press ombudsman's decision. "The Department will apply for leave to appeal the decision to the chairperson of the SA Press Adjudication Panel, Judge Bernard Ngoepe this week.
"This decision does not take into account the fact that the information was anonymously sent to the Democratic Alliance and [DA Member of Parliament Dianne] Kohler Barnard on the morning of the first sitting of the hearings.
"The Sunday Times has not explained why they sent information they believe to be in the public interest anonymously to a political party. The Sunday Times has not produced any evidence to show that they had, indeed, provided the information to other political parties as well. There are no political parties that have come out to say that they had approached the Sunday Times for information related to the probe on minister Pule."
Unethical journalism?
The DOC further calls on the political parties that the Sunday Times claim approached them for information to comment on what it says is a "serious allegation".
The department says the parties also need to explain why they approached sources when that role is reserved for the Registrar of the Committee, who acts as a prosecutor. "The Sunday Times has never explained why submitting information to the registrar was never a suitable option for them to exercise what they believed to be in the public interest.
"The press ombudsman's decision is unfortunate and cannot go unchallenged. The ruling amounts to nothing but a treacherous whitewash attempt to legitimise unethical journalism conduct of the Sunday Times editor. It sets a very dangerous precedent for the South African media."
The DOC maintains Oppelt was wrong to have "covertly submitted information to Kohler Barnard or the ethics committee" and says it firmly believes the newspaper's editor behaved unethically and compromised the Sunday Times' independence by assisting a member of the opposition or the ethics committee with information.
The DOC accuses Kohler Barnard of using the Sunday Times to gather information. "This practice cannot be allowed to prevail in the South African media.
The department calls on local media to join it in condemning and disassociating itself from this shameful practice.
"The ombudsman's ruling shows that the Sunday Times matter is providing to be an acid test on the effectiveness of the self-regulatory system of the South African media. Any attempt to legitimise such unethical conduct will undoubtedly collapse the self-regulatory system of the media.
"The ruling of the Press Council's appeals committee is very important as it will serve as guidance to the media," concludes the DOC.
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