Investigative journalist refuses to take Lotto abuse

Veteran investigative journalist and media trainer, Raymond “Ray” Joseph, has always believed that journalists should fight for justice with their pens not the courts. But that was before suspended chief operating officer of the National Lotteries Commission (NLC), Phillemon Letwaba, allegedly defamed him and his family in a recent interview.

Joseph, who has been a journalist since 1974, is a freelancer for the GroundUp investigative news site, and has won awards for his work on dodgy spending by the NLC. “It’s like a microcosm of state capture, and I’m right in the middle of it,” Joseph told the SA Jewish Report in the past. The scathing reports have raised concern over how money meant for “good causes” – poverty relief and charity – is in some cases being dispersed in highly questionable ways. Letwaba is also suing Joseph and GroundUp in relation to some of these articles.

“Enough is enough,” Joseph told the SA Jewish Report in an exclusive interview. “He told demonstrable lies and attacked my family. It’s a bridge too far. Picking on me is one thing, but picking on my family is another thing completely.”

Joseph says that Letwaba defamed him during an interview with senior journalist Stephen Grootes on popular 24-hour news channel Newzroom Afrika.

In Joseph’s summons, which has been issued by the Cape High Court and has been served on Letwaba, he attaches a transcript in which Letwaba said Joseph was a “major beneficiary” of lottery funds. Letwaba claimed that more than 12 organisations linked to Joseph were no longer receiving lottery funds and suggested Joseph was attacking him because of this.

Amongst other points, Letwaba also claimed that Joseph, his wife, and family were direct beneficiaries of lottery funding. He said Joseph “is an old man who came out of retirement to come and focus on the character of the COO and attack the integrity of the NLC … I’m saying we have been dealing with lies since 2014 just because one individual who is the major beneficiary of the NLC decided to declare war against the NLC.”

In his summons, Joseph claims that Letwaba’s remarks are not only untrue but defamatory. “They were understood by the reasonable audience to mean that I knowingly breached journalistic ethics, was a vengeful and malicious journalist, and had embarked on an untruthful campaign against him and the commission.”

Joseph says that after hearing Letwaba’s accusations, the average person would consider that Joseph was acting out of spite for “losing benefits”. Letwaba has refused to publish an apology and a retraction. Letwaba has until early December to file a notice of intention to defend the action, and until February next year to file a plea.

Joseph says that this kind of intimidation reminds him of “the bad old days” when journalists and their sources had reason to fear. “It’s not nice worrying for your security and safety, and that of your family, never knowing what’s going to happen. I have reason to be concerned – I’m not paranoid. I have received anonymous threats and been through the gamut.”

He says Letwaba served papers on him and GroundUp for defamation more than two years ago, “but has made no attempt to get the matter before court. We have tried, because we want to face him in court, but it’s very hard for a plaintiff to force the matter. But now, my lawyer is in charge of the process. Once and for all, he will see us in court, and answer for his allegations under oath.” He adds that when one sues, one can ask for documents as part of the legal “discovery” process, which will make it “a whole new ballgame”.

He emphasises that he’s not suing for the money, but rather “to get this man before court to explain his behaviour for an extended period of time, and to force him to bring proof of serious allegations. I want him under cross examination, showing evidence and documents. In this work [journalism], your reputation is hard currency. I’m exercising my right to defend my good name. That’s all you’ve got as a reporter. Because they can no longer attack the facts, they are now attacking the journalist. It’s unpleasant, but it’s not unique to me. If you want to attack a journalist, come with proof. Come with the evidence. I don’t write what I can’t prove. But on TV, he made these wild allegations.”

People have been telling him to sue for ages, he says. “It’s tough. Constantly being attacked wears you down. But at the same time, all these attacks have done is made me more determined than ever. And GroundUp is committed to seeing this thing out. I’m privileged to have a brave editor [Nathan Geffen] who doesn’t scare easily. GroundUp’s commitment to the story has kept it alive. I’m privileged to have had the time and space to pursue the investigation.”

He has faith that he will see justice both in his work and this case. “I have patience. It’s a long game. I’ve been investigating for three years. I’m no shrinking violet. I will follow through the investigation, as long as it takes. It’s not over till it’s over. This makes me more determined, and I’ll keep on keeping on.”

Geffen told the SA Jewish Report that “a culture of impunity is developing, and not just in South Africa, where corrupt or dishonest people believe they can make any assertions publicly no matter how false or defamatory. Ray has been doing his job diligently, exposing lottery corruption and mismanagement. It’s not acceptable for those he has implicated, like Phillemon Letwaba, to respond by making absurd and false defamatory allegations. Ray is taking a stance against this behaviour and we [GroundUp] support his decision.”