Patrick Chitongo Vs The Mirror (September 2015)

Patrick Chitongo filed a complaint with the MCC over an article carried by  The Mirror on 25th June 2015, which the complainant  alleges was a celebratory story over his arrest. The Mirror reported that Chitongo was sentenced to one year in prison for publishing an unregistered newspaper.

Mr. Chitongo is aggrieved as he states that the newspaper did not follow-up on the initial court story, to subsequently inform readers on his release on bail.

Status: Pending

The Mirror in its response states that the newspaper did not report Chitongo’s release since he has not been acquitted but is out on bail. However, the MCC has advised the Mirror that in terms of Section 12(c) of the media code of conduct which states that once the media reports on a court case, the media is obligated to follow-up and report on subsequent developments in the case.

The Committee therefore advised The Mirror to report subsequent developments in the case. Although The Mirror indicated that the newspaper eventually carried a follow-up report highlighting developments in the matter, the complainant deemed this response as not being satisfactory.

The MCC subsequently called a hearing over the matter – with all parties being present. However, after submissions from the newspaper and the complainant, the hearing exposed personal conflicts that have spilled into the professional sphere, necessitating the committee to continue the mediation effort with the parties involved first on a private, individual basis to seek an amicable resolution that serves the public and the profession.

Both parties welcomed the decision of the committee, with the complainant indicating that if the VMCZ had not come forward to address the complaint, he would have used his own newspaper to retaliate against the aggrieving party.

The decision to adjourn and first address the complaint at an individual level was also informed by the fact that the gist of the background issues raised by the complainant were directed at Matthew Takaona, a media consultant at The Mirror who was not present at the hearing.

The Mirror subsequently sent a complaint letter to the VMCZ over processes and outlined the reasons for its argument that the VMCZ should not entertain a complaint from aggrieved party. The matter has been brought to the attention of VMCZ Board Chairperson and Media Complaints Committee Chairperson Justice Smith.