Johannesburg - An application by the Sunday Times and The Times newspapers to appeal the Press Ombudsman's findings that they breached the Press Code has been dismissed, the appeals panel said on Wednesday.
“I find no fault with the ombudsman's findings,” chairman of the appeals panel Judge Bernard Ngoepe ruled.
“The application for leave to appeal by both newspapers is dismissed as having no reasonable prospects of success before the appeals panel.”
The ruling was made on Monday.
The Press Ombudsman ordered that the Sunday Times and The Times apologise to former intelligence minister Ronnie Kasrils for breaching the Press Code in a headline and story.
On September 7, the Sunday Times published a front page article headlined “Spy tapes 'illegal' and expose Kasrils”.
A second article was published in the Sunday Times's sister newspaper The Times the next day, headlined “I discussed NPA investigations - Kasrils”.
The ombudsman directed the Sunday Times to:
*Apologise to Kasrils for stating as fact in the headlines that the “spy tapes” had “exposed” him (as the mastermind behind the manipulation of the NPA), thereby harming his reputation;
* Publish the apology on its front page, above the fold; and
* Provide the ombudsman with this text prior to publication and end the text with the words “Visit www.presscouncil.org.za for the full finding”.
The Times was directed to:
* Apologise to Kasrils for stating, as fact, the allegations that the “spy tapes” had identified him as the mastermind behind the manipulation of the NPA, and that his name was contained in the transcripts, thereby unfairly and unnecessarily harming his reputation; and;
* Publish this apology on page four, above the fold.
The newspaper should publish the apology on its websites.
The appeals panel on Wednesday said Kasrils was granted leave to cross-appeal against the sanction imposed on The Sunday Times.
Kasrils argued that the sanctions should have been carried out on the newspaper's street poster, because the posters carried the “offending headlines” and were widely distributed.
The ombudsman decided against the poster sanction.
“The application by Mr Kasrils to appeal to the appeals panel against the ombudsman's ruling not to order that the publication of the apology and retraction be on the street posters, is granted,” Ngoepe said. - Sapa