Former convict Gayton McKenzie lost an application for leave to appeal against an ombudsman's decision in favour of Sunday Times this week.
McKenzie had objected to two stories about the growing influence he and business partner Kenny Kunene enjoyed over President Jacob Zuma. The stories also said the pair were being lined up as BEE partners in a R5-billion gas deal with Russia, and linked them to the Cyril Ramaphosa e-mail leaks.
Judge Bernard Ngoepe, chair of the appeal panel, said: "There are certain material facts not in dispute, such as the visit to Russia and at coinciding times with individuals who are public figures, thus bringing in the element of public interest and also contextualising allegations of favours and influence.
"Then there is the undisputed appointment of Ms [Leanne] Williams to PetroSa, as well as the small matter of the so-called Rosgeo deal. Again, while it is true that the prerogative to appoint cabinet ministers is the president's, it does not mean that people may not suggest names, nor would there be anything wrong in doing that."
He said he mentioned these things to show that the Sunday Times was entitled to believe that the allegations could reasonably be true (they did not need to be proven true).
Agreeing with the press ombudsman that it had been in the public interest to report on the allegations, he said the application for leave to appeal had no reasonable prospect of success.
