January 2016 Complaints Update

Update

Musapenda-Chronicle-cartoon

Parties Nature of Complaint
Anonymous  

   Vs

 

 

Chronicle

 

(February  2016)

 

Complainant Y who declined to be identified registered her complaint with the VMCZ over a cartoon carried by the Chronicle on the 4th of February featuring two ladies citing that despite posting the worst Zimbabwe Schools Examinations Council (ZIMSEC) results in Matabeleland and Midlands, they excel in other areas.The woman was aggrieved that the advert portrayed women as “dull and stupid” and as people who only excel in sex work. She also cited that the advert is gender-biased as it ignores that boys also contribute to the pass rate.Status:

The complaint was filed informally and will therefore form part of discussions on ethics and professionalism at a scheduled editors’ meeting in Bulawayo (6/2/16).

 

Police Inspector Lordwin Chaibva     vs

 

The Mirror

 

(December 2015)

 Police Inspector Lordwin Chaibva brought to the attention of the Media Complaints Committee her complaint against The Mirror, stating that the paper has carried a series of unethical and biased articles against her. She deems the stories as being defamatory, unfair and prejudicial to her integrity.Status: WithdrawnThe VMCZ as part of the complaints procedure highlighted the complainant the available remedies, after which she withdrew her complaint as she was not willing to waiver her right to pursue the same matter in the courts in line with the VMCZ procedure and waiver process.
Patrick Chitongo      vs

 

The Mirror

 

(September 2015)

 Patrick Chitongo filed a complaint with the MCC over an article carried by  The Mirror on 25th June 2015, which the complainant  alleges was a celebratory story over his arrest. The Mirror reported that Chitongo was sentenced to one year in prison for publishing an unregistered newspaper. Mr. Chitongo is aggrieved as he states that the newspaper did not follow-up on the initial court story, to subsequently inform readers on his release on bail.Status: Pending

The Mirror in its response states that the newspaper did not report Chitongo’s release since he has not been acquitted but is out on bail. However, the MCC has advised the Mirror that in terms of Section 12(c) of the media code of conduct which states that once the media reports on a court case, the media is obligated to follow-up and report on subsequent developments in the case. The Committee therefore advised The Mirror to report subsequent developments in the case. Although The Mirror indicated that the newspaper eventually carried a follow-up report highlighting developments in the matter, the complainant deemed this response as not being satisfactory.

The MCC subsequently called a hearing over the matter – with all parties being present. However, after submissions from the newspaper and the complainant, the hearing exposed personal conflicts that have spilled into the professional sphere, necessitating the committee to continue the mediation effort with the parties involved first on a private, individual basis to seek an amicable resolution that serves the public and the profession. Both parties welcomed the decision of the committee, with the complainant indicating that if the VMCZ had not come forward to address the complaint, he would have used his own newspaper to retaliate against the aggrieving party. The decision to adjourn and first address the complaint at an individual level was also informed by the fact that the gist of the background issues raised by the complainant were directed at Matthew Takaona, a media consultant at The Mirror who was not present at the hearing.

The Mirror subsequently sent a complaint letter to the VMCZ over processes and outlined the reasons for its argument that the VMCZ should not entertain a complaint from aggrieved party. The matter has been brought to the attention of VMCZ Board Chairperson and Media Complaints Committee Chairperson Justice Smith.

Esther Muza   vs

 

The Mirror

 

(September 2015)

Esther Muza filed a complaint with the Media Complaints Committee (MCC) over a story published in The Mirror’s “Hoth” column published on 18-24 September 2015. Ms. Muza complains that the column on the cited date makes implicit reference to her even though she is not named in the column.  She is aggrieved as she feels her reputation has been damaged by allegations contained in the column. She is therefore requesting a retraction from the paper.Status: Finalised The Mirror in its response indicated that the newspaper also received several complaints from several other people claiming to be the person implicated in the article and therefore there was no proof that the complainant was the actual person referred to in the satirical article.

The MCC acknowledged the argument raised by The Mirror, noting that it is a challenge to authoritatively draw conclusions about one’s identity based on a satirical article. The MCC therefore ruled that there was no breach of the code of conduct by The Mirror.

Parties Nature of Complaint
Perekedzai TakawiravsChronicle

(July 2015)

The Media Complaints Committee received a complaint from Mr Perekedzayi Takawira over an article carried by the Chronicle newspaper on 3 February 2015, headlined “Woman axes junior wife, hangs self”. Mr Perekedzayi is aggrieved as he says the newspaper misleadingly reported on the circumstances leading to the death of his wife – alleging that there was an argument and misunderstanding between the first and second wives on 23rd January, leading to the former committing suicide. Mr Perekedzayi says there was no misunderstanding between the parties as alleged in the article.  He is therefore seeking a retraction and apology from the newspaper.Status: Finalised  The VMCZ wrote to the Chronicle over the complaint. Chronicle Deputy Editor, Mr Innocent Madonko, in his response says the newspaper fairly and accurately reported on developments as they happened. He said the newspaper’s reportage that there was a dispute between the two wives which resulted in the first wife axing the second wife and subsequently hanging herself is proof that there was a misunderstanding in the family. Mr Madonko also indicated that the information the newspaper published was also corroborated by a relative to the family, Mr Rafael Motombiwa.

The complainant reiterates that the family source quoted in the story is not reliable and therefore his version of events is incorrect. He also is aggrieved that he was not given the right of reply in the matter.

The MCC after instigating its own independent investigations into the case and through corroboration with the police concluded that the newspaper reported accurately on the disputed circumstances leading to the tragedy and therefore did not breach the code of conduct.

Wurayayi Zembe      Vs

 

 The Sunday Mail

 

 (September 2015)

The MCC received a complaint from Mr. Wurayayi Zembe over an article carried by The Sunday Mail on 13th September 2015 headlined “At last, Jazz in the capital”.Mr. Zembe in the complaint says in the story carried by The Sunday Mail all artists lined up to perform at the show on Saturday 19th September 2015 were correctly named except one artist, Nyengeterai Zembe who was incorrectly referred to as Nyengererai – “thereby leaving out her name completely from the story despite the event promoters having issued a public advertisement “carrying Nyengetarai Zembe’s correct name”.Mr. Zembe is aggrieved as he states that the distortion in the name of the artist had the implication of completely excluding her (Nyengeterai) from the story and the jazz event itself. Mr. Zembe has also indicated that he is father to the cited artist.

 

Status: Finalised

The MCC wrote to Sunday Mail to address the anomaly. The Sunday News indicated that the complainant should have contacted the newspaper earlier for a correction, noting that the mis-spelling of the artist’s name was a result of a genuine typographical error.

 

Parties Nature of Complaint
Hon. Miriam Chikukwa                   vs

   

 NewsDay

 

(September 2015)

Honourable Chikukwa’s lawyers brought to the attention of the MCC communication to NewsDay over the Minister’s concern about an article carried by the newspaper on 31st August 2015 headlined: “Gamatox, weevils rub shoulders”.Minister Chikukwa through her lawyers states that the article was defamatory through its reportage that she attended a United Family International Church (UFIC) function at the National Sports Stadium on the night of August 28th 2015. She also says statements linking her to factionalism in ZANU PF party are defamatory.Honourable Chikukwa is aggrieved as she states that the allegations are false and defamatory and may needlessly damage her political career.

Minister Chikukwa is therefore demanding an equally prominent apology and retraction from the newspaper.

Status: Finalised

NewsDay in its response insists that the article in question is not intended to cause damage to the complainant’s political career or defame her but consists fair comment by the newspaper and also reflects genuine expression of opinion by the writer on Honourable Chikukwa’s perceived political affiliation.

The NewsDay also reiterates that the events that gave rise to the complaint took place during Judgment Night 3 held by United Family International Church (UFIC) and that the official statement from the church indicates that Honourable Chikukwa is one of the members of parliament who attended the event. In light of the complainant’s continued delay in responding to issues raised by the newspaper and there being no further objections, the MCC deems the matter as finalised.

 

 Swithern  Chirowodza 

 

    vs

 

Southern Eye

 

(September 2015)

 

MDC Veterans Activists Association (MDC VAA) Bulawayo Provincial Spokesperson Swithern Chirowodza brought to the attention of the MCC his complaint over an article carried by Southern Eye on 23 September 2015 headlined “MDC-T veterans to boycott rallies”.Mr. Chirowodza, is aggrieved as he states that the story carries a number of inaccuracies highlighted below:·         Unsubstantiated allegations of a resolution “to boycott all party meetings” by the veterans

·         He also questions alleged reportage of Gift Banda as “the substantive provincial chairman” against the background of a ruling by Justice Makonese interdicting Banda from carrying out any duties of and as MDC-T Bulawayo Province Chairperson. This ruling was reportedly made on 17th October 2014

·         He also disputes the anonymously-sourced statement, alleging the MDC VAA is “ready to pull out of MDC-T and join any party that follows its laid-down principles”.

·         Chirowodza also disputes the existence of the post “MDC-T Bulawayo Deputy Spokesman” as quoted in the story as he says that the party constitution has never provided for the position.

·         He also questions why the Bulawayo chapter of MDC VAA was not granted a right of reply in the story.

Chirowodza wants the newspaper to retracts its story.

Status:

The Media Complaints Committee (MCC) convened an adjudication on the matter following unsuccessful attempts at resolving the case between the parties involved.

During the adjudication, both parties made submissions to the MCC.

The complainant Chirowodza  reiterated his concerns over the article and in addition questioned the use of anonymous, instead of official sources by the newspaper.

NewsDay Editor Wisdom Mdzungairi in his submission restated:

·         the newspaper’s consistent commitment to engage the complainant throughout the process;

·         the value the newspaper places on its readership, their feedback and the resolution of complaints

·         NewsDay’s belief that the article in question is accurate and that anonymous sourcing is allowed in journalism especially in instances when the source is not officially authorized to speak to the press

·         That the newspaper cannot retract for the sake of retracting but the complainant should demonstrate why a retraction is necessary

·         The newspaper’s willingness to retract the story if found to have breached the code of conduct

Determination of the MCC

The MCC temporarily reserved judgment in the matter – requesting NewsDay Editor, Wisdom Mdzungairi, to submit an official documented response to the specific points of complaint raised and any other additional/supporting evidence and/or material.

The MCC will make a determination based on  the oral and documentary submissions by both parties.

Post published in: Human Rights

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