A complaint was received from Mrs Gaye Derby-Lewis regarding an interview 
with Minister Tokyo Sexwale, which was held by Mr John Robbie of Talk Radio 702’s Breakfast Show. The date of the interview, 10 April 2013, was the twentieth anniversary of the assassination of the then Secretary-General of the ANC, Mr Chris Hani, and the subject of the interview was the interviewee’s personal recollection of that event and its repercussions.
The Tribunal held as follows:
The Complainant alleged that the interview “spread a lie” by propagating as a truth that there was a “conspiracy” surrounding the assassination of Mr Hani. The Complainant also alleged that the presenter and interviewee were “in contempt of a high court ruling” where there was no evidence of a “further” conspiracy.
The Tribunal held that the reference to a conspiracy is permissible within the fundamental right to freedom of expression. Furthermore, such a reference does not, in any case, amount to contempt of court in expressing a view that does not accord with a court finding.
The complaint was not that the opinion expressed defamed the Complainant. The complaint was that there was, effectively, no basis for such an opinion.
The complaint was not upheld.