Complaint Against A Muslim Journalist

The Society For The Protection Of Our Constitution

1 MAY 2020

To: The South African National Editors Forum

Email: sanef@sanef.org.za

The Broadcasting Complaints Commission Email: bccsa@nabsa.co.za

Cc: Radio Islam/ EWN

Good day

Re: Complaint against Journalist, Faizel Patel

1. On 23 April 2020, ITV (DSTV) broadcasted live video footage from the Pretoria High Court in the matter Mohammed & Another v President of South Africa involving the challenge to the constitutionality of the lockdown regulations which prohibit all religious gatherings.

2. The live footage of the entire court case may be found on YouTube at (link omitted)

3. A journalist who markets himself as a correspondent for Eye Witness News (EWN) & employed by Radio Islam International, Mr Faizel Patel was present at court and Tweeted live updates to some 14 000 followers.

3.1 At 11:20 AM, as seen in the screen shot attached hereto, Mr Patel Tweets: “Boda refers to the Ulama of UUCSA not being of international repute.”     

3.2 We have scrutinized the 5 hour video footage. Nowhere in the footage did Adv Boda SC make this remark alleged by Mr Faizel Patel. In fact, not only is the tweet a fabrication, but it is a manipulation of the submissions of Adv Boda SC on behalf of the applicants.

4. As can be heard in the video at 41:30, Adv Boda SC says “If one looks at the organizations and the calibre of Ulama that have signed this letter to the president … these are the most senior Ulama in this country. You have amongst them luminaries, people of absolute repute and great respect. “

5. At 48:35, Adv Boda SC says: “These are from all these scholars, and if you look at their pedigree – my learned friend for UUCSA- if I’m telling your ladyship anything inaccurate – he’ll tell your ladyship the pedigree of these Ulama- they may not agree with UUCSA- but he will not tell you that these Ulama are not of international repute and are not of the pedigree I’ve just indicated”.

6. When proceedings resumed after the lunch adjournment, having heard about the fabricated tweet my Mr Patel, on record, at 3:53:00, Adv Boda SC says to the judge: “some journalist said that I said that the Ulama of UUCSA are not of international repute. I never said that. If that was anyone’s understanding, I want to correct them. I have made it very clear that we respect all of the Ulama who have taken differences of opinion. I have also made it very very clear that the Ulama who have now signed the latest request, are of international repute – I didn’t imply that the others are not- I just want to correct that.”

7. Shortly thereafter, and inexplicably, Mr Patel Tweeted “Advocate Boda has corrected his earlier statement saying he didn’t mean to say that some of the Ulama are not of international repute”.

7.1 Quite clearly, the tweet of Mr Patel is dishonest and amounts to unethical conduct.

7.2 In fact, this amounts to malicious conduct, considering the seriousness and sensitivity of the matter which Mr Patel was reporting on, as well as the drastic social consequences that could flow from his statements.

8. Whilst we cannot speak for Adv Boda SC, nor the applicants in the matter, as an organization which exists solely to protect the values in our Constitution, we are taken aback by the unethical, inaccurate, manipulated reporting by a journalist, Mr Patel, who is a recipient of various awards and has a following of 14 000 people.

9. Adding further to his egregious conduct, as can be seen on the tweets that remain posted until date hereof, it appears that Mr Patel defended the fabricated tweet when called out by a follower, Tweeting: “I was in court. I heard it and the senior SC Advocate Azhar Bham confirmed it. Two other people also heard it.”

10. Whilst we appreciate that as an employee of Radio Islam, which is aligned with the views held by Moulana Ebrahim Bham who is affiliated to one of the parties at court, Mr Patel is inclined to be reasonably partisan in his reporting. However, this cannot justify the conduct which runs contrary to the SANEF Code of Ethics and Conduct.

11. The code of conduct requires reporting news truthfully, accurately and fairly and to present news in context without any intentional or negligent departure from the facts whether distortion, exaggeration or misrepresentation, material omissions or summarization.

12. In conclusion, Mr Patels conduct brings a pivotal arm of our democracy, i.e. The free press/ media, into disrepute. Inaccurate reporting about Ulama, priests or other religious leaders could spike unnecessary community feuds.

13. We hereby request that you investigate the conduct of Mr Faizel Patel and ensure disciplinary steps are taken.

14. A copy of this letter will be sent to Radio Islam and EWN.

15. Kindly acknowledge receipt hereof.

Secretary,

M Vawda

Society for The Protection of Our Constitution