10-11-23: SAPAP Review Application: Judge Ralph Zulman Ruling

DECISSION : SECOND APPLICATION FOR LEAVE TO APPEAL DATED 8 November 2010

To: L Johnstone

Email:jmcswan@mweb.co.za

And via fax number :086 561 9566:

And copy to

pressombudsman@ombudsman.org.za and johanr@ombudsman.org.za

1. I have carefully considered your above application for leave to appeal as also the correspondence that has passed between the Deputy Press Ombudsman (Mr Retief) as well as his decision.

2. I am satisfied that the Deputy Press Ombudsman has properly applied his mind to the matter.

3. I draw your attention to paragraph 3.1 of the Constitution of the Press Council of South Africa read with paragraph 2.6 of Annexure A thereto. The relevant portion of paragraph 2.6 reads as follows:

“ lf the Chairperson of the South African Press Council Appeals Panel [SAPAP] is of the view that the SAPAP may come to a decision different to that of the Ombudsman ...he or she grants leave to appeal.”

4. I regret to inform you that I am of the view that there is no reasonable prospect that the SAPAP may come to a decision different to that of the Deputy Press Ombudsman.

5. Accordingly leave to appeal is refused.

Judge RH Zulman

E MAIL: ralphzulman@hotmail.com

Chairman SA Press Appeals Panel

24 November 2010