The Registrar of the Commission received a complaint from a Mr Loonat, stating that his reputation had been invaded by Radio Islam as a result of remarks by a host that he had been involved in fraudulently obtaining an extension of a work permit for a Mr Patel; in fact, that the papers which granted the extension, were fraudulent.
The Tribunal held that the host had not followed the legally correct approach. He could not, merely because Mr Loonat had refused to take part in the programme, then commence implicating him in fraud. It, accordingly, serves no purpose to argue that Mr Loonat was invited to defend his position on air. For the host to accuse Mr Loonat, directly or indirectly, of fraud or involvement in fraud, amounts to a serious violation of his reputation and dignity in terms of clause 38 of the Broadcasting Code.
The Tribunal found that the Broadcaster had contravened clause 38 of the Code. The sanction was that the Broadcaster must broadcast a prescribed statement and pay a fine of R 8 000.