Major win for press freedom

A primary school principal, who had been arrested on a charge of sexual assault, has lost a defamation case in the Durban High Court, that was brought against a community newspaper over its reporting. The principal, Anil Singh was charged with sexual assault of a 32-year-old teacher of Elora Primary School where he was a principal in 2016.

Singh, who is now a principal at Greenvale Primary School, instituted a civil lawsuit against Caxton CTP Publishers and Printers and the Rising Sun Community Newspapers. At the defamation trial, he testified that he was severely affected by the article, claiming it had defamed him. He further claimed that the article caused a strain on his mental health. In defending the claim, the Caxton and Rising Sun legal team comprised of Jessica Gounden Attorneys and Advocate Gator Reddy.

In handing down the judgement in the Durban High Court, Judge Mossop stated in his 15-page judgment that Caxton CTP Publishers and Printers and the Rising Sun Community Newspapers were not liable to pay Singh any compensation whatsoever, arising out of the publication of the article.

The judge reasoned that in his view, “The article was balanced and went no further than simply reporting the facts. The press has a vital role to play in disseminating information concerning what happens in the courtrooms of this country. The article simply meant to the average reader that Anil Singh had been arrested and charged with sexual assault, appeared in court, and had been released on bail. He was simply part of the criminal justice system, which would ultimately determine his fate. It went no further than that and did not suggest that he was guilty or that he had probably committed the act for which he was charged. The article was not…defamatory of the plaintiff. The press has a vital role to play in disseminating information concerning what happens in the courtroom of this country. It is to the benefit of society that what happens in those proceedings be reported in open courtrooms.”

The judge added this case was “a matter of some significance given the important position that head teachers hold in our community.” The public is entitled to be informed of these such proceedings and it is accordingly important that the press reports fairly and accurately, which the judge stated, in his view the Rising Sun did precisely. In analysing Singh’s evidence, the judge remarked that, “The most significant aspect of the cross-examination of Anil Singh was when Advocate Reddy questioned him to identify which parts of the article were defamatory. He was asked to indicate which part, if any, of the article was untrue and conceded that the article in fact accurately recorded the facts of the case.”

CEO of the Rising Sun Community Newspapers, Vijay Maharaj indicated that he was extremely ecstatic with the outcome. “In the two days in which this case proceeded in the high court, I was present and from the outset, Judge Mossop enquired of the plaintiff and his advocate, Dees Ramdhani which part of the article was defamatory. As the judgment now demonstrates, there was simply nothing defamatory about the article. I am pleased that justice was served by the judgement,” Maharaj said.

Attorney Jessica Gounden, shared her client’s delight in the judgement, endorsing the view that newspapers have a valuable role to play in the re- porting of the day-to-day newsworthy events that unfold daily in South Africa. In dismissing the claim, the judge ordered Singh to pay all legal costs for Caxton and the Rising Sun, which this newspaper looks forward to receiving.

The chairperson of the Parents Association of KwaZulu-Natal, Vee Gani indicated that the decision of the judge in this matter was most welcome. Gani went on to add, “Teachers, principals, and members of the school governing body occupy a position of trust. Teachers and principals are professionals and are expected to conduct themselves as such at all times. When allegations of a serious nature, such as fraud, sexual misconduct or assault, are levelled against such individuals, investigations must commence. The local community always has a right to know because daily they entrust their children in their care.”

Responding to the defamation judgment, group editor of the Rising Sun Community Newspapers, Vivaga Thambiran, expressed this newspaper’s resolve to continue to write without fear or favour and will continue to uphold high standards of ethical and sound journalism.

“We are happy that the court ruled in our favour as the story was balanced and accurate and we only reported the facts. Also, no defamation was proved in the article about Singh,” he concluded.

With regards to the sexual assault charge, Singh was subsequently acquitted. For the defamation trial, Singh was represented by Ajit Severaj of Pregen Govindasamy and Associates based in Umhlanga.

Pregen Govindasamy and Associates refused to comment on the matter.