T.I.R. Magazine, Melany Bendix and Lies

Journalist Melany Bendix, representing TIR (Travel Industry Review) Magazine and Noseweek Magazine, went out of her way to publish a series of articles regarding Johnny Ray and 0861Travel in a manner which was quite unbecoming of ethical journalism. With a hidden agenda and tons of self righteous entitlement her duplicity woven story, bridled with falsehoods and baseless accusations, tried its hardest to bring Johnny and 0861Travel down.

Being a journalist with Zero integrity, but with the ability to do harm through her profession, Melany Bendix did her worst. However, being true cowards Melany and her publication TIR would not submit themselves to being cross-examined, because clearly the standard that apply to regular citizens of South Africa do not apply to themselves.

It should also be pointed out the publication Melany Bendix works for, TIR, and Noseweek for whom she is a contributing journalist, do not belong to the journalism association which monitors and control ethics in their industry in South Africa. Lovely!! A great staging ground for bullies and cowards if there ever was one.

What is not known is that legal proceedings and various damages claims have been filed against all parties i.e. Bendix, TIR and Noseweek, and the cases are still pending. Below is an opportunity for the reader to gather the background to the cases, which exposes the fraudulent journalism of Melany Bendix, TIR and Noseweek.


Background to both parties:

0861Travel is a franchisor, operating as such in the travel industry in South Africa. Through its operating system, 0861 Travel provides its franchisees with, inter alia,:

A. assistance with the design and development of their franchises in a distinctive style under the 0861 Travel brand, which is in line with the uniform systems developed and owned by 0861 Travel; and
B. a uniform method and philosophy of operation, customer service, marketing, advertising, promotion, publicity, technical knowledge and operations relative to the franchisees’ business.



Chauser Publications (Pty) Ltd, a company with limited liability duly incorporated in terms of the Company Laws of the Republic of South Africa, having its principal place of business at:4 Links Road, Rondebosch, Western Cape.

is the proprietor and/or printer and/or publisher of Noseweek, a magazine that is published on a monthly basis. Noseweek is widely distributed to book stores in South Africa and is widely read by parties active in the business community as well as the general public.

Travel Industry Review (Pty) Ltd, a company with limited liability duly incorporated in terms of the Company Laws of the Republic of South Africa, having its principal place of business at 9 Ruby Terrace, Noordhoek, Western Cape.

is the proprietor and/or printer and/or publisher of Travel Industry Review, a magazine that is published on a monthly basis.

Over the past eleven years, TIR has served as a publication for the South African travel agent community and is relied upon to inform on what is happening in the industry. TIR is widely distributed in the travel industry, and sent out free of charge (on a monthly basis) to all the travel agencies in South Africa, in addition to subscribers from other sectors of the industry.


It is needless to state that TIR is widely read by the parties involved with travel in South Africa.

Melany Bendix (hereinafter referred to as “Bendix”), an adult female managing editor, employed by TIR at 9 Ruby Terrace, Noordhoek, Western Cape.


Action taken against These parties

an action for damages that has been instituted by 0861 Travel and Ray against the TIR and Bendix in the Simon’s Town Magistrate’s Court, under case number: 344/07; and

an action for damages that has been instituted by the Applicants against the Noseweek in the Wynberg Magistrate’s Court, under case number: 4225/07; and

an action for damages that has been instituted by the Applicants against Bendix in the Simon’s Town Magistrate’s Court, under case number: 427/07;

THE BACKGROUND TO THE DAMAGES CLAIMS


In or about mid January 2007, Bendix (acting in the course and scope of her employment with TIR) contacted Johnny Ray and asked if he would agree to an interview with her, as she was doing a profile on travel agents that had been established in the last three (3) years.


Ray agreed and the interview was conducted on Friday, 19 January 2007 at the premises of 0861 Travel.

At the interview, Bendix arrived with a male photographer. The photographer took a few photographs before the interview commenced and then left immediately thereafter.

At the interview, Bendix produced a dicta-phone. She informed Ray that she would be using it to record the interview.

Bendix then proceeded with the interview, asking Ray questions relating to when 0861 Travel started, how it started and other general questions regarding the 0861 Travel concept. The tone of the questions was straightforward, upbeat and in line with the spirit and purpose for which the interview was conducted, i.e. a profile on new travel agencies (or at least that was what Bendix led Ray to believe).

It is quite evident from the photograph of Ray that was taken at the interview and prominently displayed in the article that he was relaxed. At that stage, Johnny Ray was unaware that the interview would later be used as a basis by Bendix and/or TIR for the publishing and/or printing of defamatory words and/or statements and/or material of and concerning the Applicants.

At the conclusion of the interview, Ray asked Bendix if she would let him have a copy of the article (incorporating the interview) before it was published. Bendix agreed, and to this end she took down Ray’s e-mail address and told him that she would e-mail him the article (incorporating the interview) before it was published.

On or about Monday, 22 January 2007 Ray contacted Bendix via e-mail, in terms of which he confirmed the nature of the interview, the agreement in so far as the e-mailing of the article (incorporating the interview) to him prior to publication thereof and the basis upon which he consented to his photograph and the recording being used.

On the same day Bendix replied to Ray’s e-mail. In essence, Bendix admitted the nature of the interview but denied that she agreed to e-mail Ray the article (incorporating the interview) before it was published.

Hereafter, there was a further exchange of e-mails between Ray and Bendix, in terms of which they expressed their respective views regarding the e-mailing of the article (incorporating the interview) before its publication.

Following the exchange of these e-mails and in light of Bendix’s attitude (as evidenced in the aforesaid e-mails) Ray contacted John Simpson (hereinafter referred to as “Simpson”), who is the editor of TIR. Simpson confirmed that TIR will not be e-mailing Ray the article (incorporating the interview) before the publication thereof.

At this point, 0861Travel were extremely concerned as we were facing the prospect of an article on 0861 Travel being published without having sight thereof before its publication. At the outset there was no such concern as Bendix made it clear (at the time she requested it) that the interview was for the purpose of doing a profile on travel agents that had been established in the last three (3) years. It was also on this basis that Johnny Ray agreed to the interview.

However, and as evidenced from the e-mail exchange between Ray and Bendix, the interview was not conducted for the purpose of a profile. Instead, it was to serve as a basis for the publishing and/or printing defamatory words and/or statements and/or material of and concerning the Applicants (or at the very least, of 0861 Travel and Johnny Ray).

On Wednesday, 24 January 2007 (and shortly after receiving Bendix’s last e-mail), received an e-mail from Meeta Gopal. Gopal is a franchisee of 0861 Travel, based in Illovo.

The contents of Gopal’s e-mail, proved that:

Bendix was untruthful and misleading when she requested an interview with Ray;

Bendix had an agenda to pursue Ray and/or 0861 Travel (In this regard, I make specific reference to the second last paragraph of Gopal’s e-mail, i.e. “Melanie posed a good question to me, which I am trying to answer right now “Why would she come after you if she didn’t have good enough reason to do so?” (my underlining)); and

Bendix contacted several of the franchisees of 0861 Travel subsequent to the interview, in order to pursue her agenda;

It was upon receipt and perusal Gopal’s e-mail that we realised that the interview was not for the purpose of doing a profile on 0861 Travel, but instead, it was designed to obtain information and photographs to further Bendix’s agenda.

On or about 26 January 2007, Messrs Brian Lutzno Krauss & Associates, the Applicants’ attorneys of record, transmitted

The contents of the fax was to:

1. record the fact that Bendix, acting in the course and scope of her employment with TIR, wrongfully and unlawfully made defamatory allegations of and concerning the good business name and reputation of the Applicants to Gopal;

2. demand:

2.1.a written retraction of the allegations that were made;

2.2.an unconditional apology;

2.3.a written undertaking that TIR will:

3.1. cease any further contact with any franchisees; and

3.2. refrain from publishing any articles of and concerning the Applicants and any further misstatements relating to the 0861 Travel operation.

3.3. inform TIR that failure to comply with the demands set out in the said fax will result in litigation.

TIR’s response to the fax is contained in three faxes, one from TIR and two from its legal representatives, which

1. admitted that Bendix is an employee of theirs and, at all relevant times, acted in the course and scope of her employment;

2. denied:

.2.1.the allegations that Bendix made the defamatory remarks of and concerning the Applicants;

.2.2.that Bendix agreed to provide Ray with a copy of the article pre-publication

3. refused to:

3.1.render a written retraction of the allegations that were made;

3.2.render an unconditional apology;

3.3.afford a written undertaking that it will:

3.3.1. cease any further contact with any franchisees; and

3.3.2. refrain from publishing any articles of and concerning the Applicants and any further misstatements relating to the 0861 Travel operation.


0861Travels attorneys of record replied by fax on 31 January 2007,in which they

1. confirmed that they persist with the allegations

2 warned Bendix and/or TIR that:

2.1.the Applicants had already suffered damages arising from TIR’s wrongful and unlawful conduct;

2.2.should Bendix and/or TIR proceed with publishing any articles of and concerning the Applicants, infringing their rights, they (the Applicants) will sustain further damages; and

2.3.the Applicants will institute a damages action in due course.

THE FIRST ARTICLE

Subsequent to the correspondence referred to above, an article was published in the February 2007 TIR, titled “Retailers lose out in 0861 franchise debacle”, carrying a picture of Johnny Ray.

The first article was compiled by Bendix, acting in the course and scope of her employment with TIR.

The words used in the context of the first article were wrongful and defamatory of the 0861 Travel and Ray, in that they were intended and were understood by the readers of the TIR to infer that:

1. (in relation to 0861 Travel):

1.1.it is guilty of fraud on an ongoing basis;

1.2.it is financially unsound;

1.3.it is unreliable and/or unable to carry out its obligations;

1.4.its systems are unsuccessful and/or unworkable;

1.5.it is disadvantageous for any party to enter into a franchise agreement with the 0861 Travel; and

1.6.the 0861 Travel system is a debacle;



2. (in relation to Johnny Ray):

2.1.that he is frugal with the truth and a fraudster.

Accordingly, 0861 Travel and Johnny Ray, instituted an action for damages against Bendix and TIR in the Simon’s Town Magistrates Court. Bendix and TIR have filed notice of their intention to oppose the action.

THE SECOND ARTICLE

The second article was also compiled by Bendix acting in the course and scope of her employment with TIR. Once again defamatory remarks were made with statements that are un-defendable.

At this point an investigation undertaken by 0861travel revealed that one of the shareholders and editors of TIR, John Simpson, was the former partner of one Glynn O Leary, who is also in the media industry. Glynn O Leary had been previously fired from a Listed Company, Afritourism, Botswana. Glynn O Leary had been exposed to his board of Directors by the Rays for mismanagement. Revenge is the only glove that fits. TIR has never done an article of this nature before and Noseweek have never used Bendix before or after. The editor of Noseweek is also a personal friend of Glynn O Leary.

THE THIRD ARTICLE

A third article relating to the Rays and 0861Travel was published in the March 2007

Unlike the situation with the first article, nobody from Noseweek conducted an interview with Johnny Ray Therefore; they were even more surprised and disturbed by the publication of the third article.

It is noteworthy to state that, gleaning from page six (6) of the March 2007 publication of Noseweek, it is clear that Bendix was a contributor for this article.

On or about Wednesday, 7 March 2007 I contacted the Press Ombudsman, and spoke to one Edwin Linington (hereinafter referred to as “Linington”). I informed Linington about the article and enquired from him what recourse the Applicants had, as:

1. no interview was conducted with any of the Applicants prior to the publication of the third article;

.2. we were not given a copy of the third article prior to the publication thereof; and

3. we were not even (at the very least) afforded an opportunity to reply to the allegation contained in the third article.

Linington informed me that Noseweek did not subscribe to the press code of conduct like other newspapers and magazines. When I asked him what recourse was available to me, he told me that I would have to revert to seek my recourse through the law.

Accordingly, they instituted actions for damages against Noseweek and Bendix in the Wynberg and Simon’s Town Magistrate’s Courts, respectively.

Bendix and Noseweek have filed notice of their intention to oppose the actions.

On or about Monday, 26 March 2007, Ray was contacted by one Mark Thomas. Thomas told Johnny Ray that he is a journalist with Noseweek and that he wanted to conduct an interview with him. Ray agreed to an interview, but subject to Thomas providing him with a written undertaking prior to the interview that he (Thomas) would furnish Ray with a copy of the any article (incorporating the interview) prior to the publication thereof.

Thomas agreed. In fact he even further and asked Ray whether an interview on this basis could lead to a settlement of the actions between the Applicants and the Respondents. Ray answered in the affirmative as the Applicants wanted a forum where their views on the defamatory articles could fairly be aired.

Approximately two weeks past since Ray’s discussion with Thomas, but no undertaking (as agreed upon) was forthcoming from him. Therefore, on Tuesday, 10 April 2007 Ray contacted Thomas to enquire:

1. whether he would still be conducting an interview; and , if so

2. when he would be furnishing him with the written undertaking.

Thomas informed Ray that:

1. he would under no circumstances be furnishing him (Ray) with an undertaking, let alone a written one;

2. he has been forbidden from conducting an interview with Ray; and

3. Noseweek would be doing another story on the Applicants for its May 2007 publication.

Again, 0861travel were quite concerned as this would’ve been the second time that Noseweek publish a defamatory article of and concerning 0861Travel without conducting an interview and/or affording them an opportunity to respond to the allegations therein.

To date neither TIR, Noseweek nor Bendix have furnished their plea which would offer their evidence.0861Travel have to resort to the law to force them to produce and /or prove their allegations.

Vengeance will always back fire. When a journalist abuses their power of the pen with no reply or opportunity of reply its a sad day for our rights on this planet. The law will, however, no matter how slow, catch up with unethical journalists such as Melany Bendix.