Right of reply: Lawyers for Wingate-Pearse – cannot call him “tax dodger”

In an introduction to a story about a High Court judgment on the so-called SARS ‘rogue unit’, Biznews referred to Martin Fraser Wingate-Pearse as a ‘known tax dodger.” The article, published on 18th July, 2019, was titled; ‘SARS ‘Rogue Unit’ narrative fizzles further – new judgement.” Wingate-Pearse’s court application relied on the interpretation that the SARS investigative unit was illegal and his constitutional rights infringed during what he claimed were ‘illegal, covert raids’ on his business premises. The raids resulted in tax demands which the shareholder in independent cigarette-manufacturer Carnilinx contested for almost a decade. The High Court judgment described his application as ‘vexatious.’ However, the Tax Court has yet to determine the extent of Wingate-Pearse’s liability towards SARS, if any. As no determination has yet been made, Biznews apologises for labelling Wingate-Pearse as a “tax dodger”,  for not giving him the right of reply and failing to verify the information. In a letter of complaint to Biznews, Wingate-Pearse’s lawyer refers to an existing ruling by the Press Ombud and a panel of adjudicators regarding a different article, also published in the Daily Maverick. Here the panel found that it was ‘not reasonable and fair to label Wingate-Pearse as a tax offender while the process was still underway,’ and that he was innocent until proven guilty. The full attorney’s letter is embedded below as is the judgment of the case lost by Wingate-Pearse. – Chris Bateman

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