Menu
Ruling (Leave to Appeal)

Application for Leave to Appeal DECISION: AfriForum & Solidarity vs Daily Maverick 31251,32153

, ,

BEFORE THE APPEALS PANEL OF THE PRESS COUNCIL OF SOUTH AFRICA

In the matter between:

Daily Maverick                                                                                                            Applicant

and

Solidarity (Matter 32151)                                                                            First Respondent

AfriForum (Matter 32153)                                                                     Second Respondent

DECISION ON AN APPLICATION FOR LEAVE TO APPEAL

  1. It all started with the publication of a cartoon by Daily Maverick (applicant) in its edition of 15 February 2025. Solidarity and AfriForum (first and second respondents) each filed a complaint with the office of the Press Council Ombud against the cartoon, which appeared to be a caricature of the respondents. It depicted two people lying alongside each other on pool loungers representing the respondents with the following words coming from them: “ANC GOVT KILLED AFRIKAANS”; “TOOK OUR LAND”, “NO JOBS FOR WHITES” and “WHITE GENOCIDE”. Above those words were the pictures of Kallie Kriel for AfriForum and Dirk Hermann for Solidarity, with the following words in capital letters referring to them: “THE BOYS WHO CRIED WOLF”.
  2. The substance of the complaint by the respondents was that the cartoon portrayed them as having championed the above four issues. According to the respondents, they were depicted as the champions of the things related thereto, such as claims that land was to be taken without compensation, claims that white farmers were being targeted for murder, and the alleged genocide of white farmers. The respondents denied that they were the peddlers of all those contentious issues which, it is alleged, led to some white Afrikaans farmers being granted refugee status by President Trump of the United States of America. Accordingly, they filed complaints against the applicant, citing the violation of several articles of the Press Code, including article 1.1. The applicant denied any violation of the Press Code and contended that the cartoon was within the prescripts for a cartoon and thus acceptable.
  3. As the complaints and the issues raised by the respondents were the same, and thus also the applicant’s defence to all of them, the Deputy Press Ombud dealt with the two matters together. I do the same.
  4. In his Ruling dated 30 April 2025, the Deputy Press Ombud dismissed all the complaints except one: namely, the contravention of article 1.1 of the Press Code, for which he ordered a retraction and an apology. It is against this finding that the applicant seeks leave to appeal the Ruling.
  5. In its application for leave to appeal, the applicant raises a number of points; basically, that a cartoon should be seen and understood for what it is; something satirical. The application is vehemently opposed by the respondents. After considering the submissions on both sides, and also taking into account the publicity given to issues raised in the cartoon, I am of the view that there are reasonable prospects of success on appeal. This view is based on the fact that there are several perspectives from which the issues raised may be argued and considered. As I am inclined to grant leave, it would be inappropriate for me to go into the merits of the case; that should be left to the Appeals Panel.

Application to be admitted as amici curiae by Cartoonists Rights Network International, and Africartoons

  1. There is an application by the two bodies mentioned above to be admitted as amici curiae in both matters, in the event leave to appeal is granted. As I have already indicated, leave should be granted.
  2. While both respondents oppose the application for leave to appeal, they have no objection against the admission of the two applicants as amici curiae in the event leave is granted.
  3. In the circumstances, the following Order is made:
    • Leave is granted to Daily Maverick to appeal the Ruling of the Deputy Press Ombud dated 30 April 2025 that it has acted in breach of article 1.1 of the Press Code.
    • Cartoonists Rights Network International and Africartoons are hereby admitted as amici curiae.
    • The amici curiae must, if so advised, file their papers on the merits of the case not later than 7 working days of receipt of this Decision.
    • The respondents and Daily Maverick, if so advised, to file their responding papers to the papers filed by the amici curiae referred to in paragraph 8.3 above, within 7 working days of receipt of such papers
    • After the exchange of the papers referred to in paragraphs 8.3 and 8.4, a Directive will be issued on the filing of the Heads of Argument.

Dated this 14th day of June 2025

B M Ngoepe, Chair, Appeals Panel

Related Posts