Sunday Independent article alleging Phosa paid Shivambu's legal fees incorrect

Johannesburg, 25 June 2012. - ANC treasurer-general Mathews Phosa has asked the Sunday Independent to apologise and correct a story published on 24 June 2012, alleging that he paid the legal fees of former ANCYL spokesman Floyd Shivambu.

The Sunday Independent falsely published allegations that Phosa had paid Shivambu's legal fees for the case brought by Independent Newspapers in the Equality Court (see report). The article used defamatory and sensationalist language and alleged that Phosa financed "the leader's nemesis in what could be interpreted as an open declaration of war" and that Phosa "paid the legal bill of Zuma's political foe". The article further states that Phosa phoned the sheriff who was involved in Shivambu's case.

These defamatory allegations were not only contained in the paper, but were also part of the advertising street posters distributed by the publication. 

The facts of the matter are as follows:

1. The payment was made by the ANC on 5 June 2012 and not by Phosa in his individual capacity, as alleged by the paper. Phosa was acting in his capacity as an ANC official.

2. The sheriff phoned Phosa, and not the other way around, as suggested by the Sunday Independent.

3. The newspaper did not obtain comment from Phosa before printing the article.

Based on the fact that the Sunday Independent is owned by the Independent Newspapers group, it presumably could have had access to the details of the payment, and could therefore easily have ascertained that Shivambu's payment was made by the ANC and not by Phosa.

This negligence represents a serious violation of the Press Code.

"I am shocked and offended by the Sunday Independent's lead article yesterday. They chose to publish false information about me in order to sensationalise a defamatory and damaging article," said Phosa. "These accusations were published without my comment, despite the current sensitive political environment in the ANC."

The Independent's sister publication, The Star, has published a correction to the article on 25 June 2012.

Phosa is considering approaching the Press Ombudsman regarding the matter.

Phosa is available for media interviews on the matter.

Statement issued by Nicqui Galaktiou of Brian Kahn Attorneys on behalf of Mathews Phosa, June 25 2012

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