The Deputy Press Ombud has dismissed a complaint lodged by Ndou Attorneys against the Sunday Times over a December 2024 article that reported a billing dispute involving the South African Municipal Workers’ Union (SAMWU).
The article, published on 15 December 2024 and authored by Isaac Mahlangu, was headlined “Lawyer paid R18m has not fully accounted for money – Samwu.” It detailed allegations made by SAMWU in a complaint to the Legal Practice Council (LPC), accusing Ndou Attorneys of failing to properly account for R18 million in legal fees.
In response, Ndou Attorneys filed a formal complaint to the Press Council, alleging the article violated several clauses of the Press Code, including claims of material omissions, failure to reflect their right of reply, and damage to their reputation.
However, in a unanimous ruling delivered by Deputy Press Ombud Franz Krüger, along with panel members John Matisonn (public representative) and Heather Robertson (media representative), all allegations were dismissed. The panel found the article had fairly represented both sides of the dispute and did not omit material information that would have significantly altered the public’s understanding.
While Ndou Attorneys argued that the article failed to mention SAMWU’s offer to settle costs and the firm’s intention to seek the union’s liquidation, the Ombud held that such omissions did not render the report unfair.
“Though the intention to seek liquidation would have added a specific detail, its omission is not a fatal flaw,” the ruling stated.
The complaint also claimed the article ignored allegations of SAMWU’s financial mismanagement, such as reportedly spending R80,000 a week on car rentals. The panel, however, concluded that such information was not essential to the central issue of the legal fee dispute and that the report sufficiently reflected Ndou’s position that the union’s financial troubles were the true source of the conflict.
Importantly, the Ombud emphasized that the role of the press in disputes under investigation by regulatory bodies like the LPC is not to replicate the investigation, but to reflect the positions of the parties involved.
“No breach of the Press Code has been found,” the ruling concluded. “A payment dispute over legal fees involving an important trade union is clearly a matter of public interest, and the article reflected the complainant’s version sufficiently.”
Ndou Attorneys have been informed of their right to appeal the ruling within seven working days by applying to the SA Press Appeals Panel.
