By Mduduzi Nonyane.
It appears to be a case of David versus Goliath in a legal battle for intellectual property (IP) between a former employee of the SABC and the public broadcaster after the latter allegedly rejected a proposal for a travel and leisure show three years ago, only to pioneer the same concept in March this year.
It appears to be a case of David versus Goliath in a legal battle for intellectual property (IP) between a former employee of the SABC and the public broadcaster after the latter allegedly rejected a proposal for a travel and leisure show three years ago, only to pioneer the same concept in March this year.
Former SABC employee Lehlohonolo Lehana threw the first salvo by approaching the Johannesburg High Court in June, seeking the court to grant him full copyright ownership of the SABC1 adventure and travel show Shay’iround.
He accuses the public broadcaster of stealing the idea from a proposal in which named the programme Mzansi Road Trip on a Budget.
The SABC has rejected the allegations and subsequently filed a notice of intention to oppose the matter.
Gugu Ntuli, SABC group executive of corporate affairs and marketing, said: “The SABC can confirm that Lehana filed an urgent application against the SABC. The SABC filed a notice of intention to oppose accordingly. While the SABC was still preparing to file the answering affidavit, Lehana’s attorneys advised that they were withdrawing the matter upon receipt of the SABC’s notice of intention to oppose.
“The organisation refutes any allegations made by Lehana pertaining to this matter and has no further comment.”
Lehana’s application cites Croc Media Productions as the second respondent and concept owner Khanya Ngwenya as the third respondent.
On or about May 28 2018, the applicant [Lehana] submitted by hand a copy of a proposal of a television show to the commissioning department of the first respondent [SABC], reads the affidavit.
“At the time when he submitted the proposal, he was employed as a producer at the sports department of the first respondent.
“As per his proposal, the show would be named ‘Mzanzi [sic] Road Trip on a Budget’ and the objective would be empowering South Africans to visit and explore some of the most interesting locations our country has to offer,” reads Lehana’s founding affidavit.
The document says that the show’s target audience was people older than 30, and the intention of the show was to spark a sense of adventure in the viewer.
“Mzansi [sic] Road Trip would provide viewers with an in-depth look at places of interest that can be accessed via a day trip, a weekend or a week on the road.
“He was then given a written receipt as an acknowledgement that the proposal was received by the first respondent.”
Lehana said that he received a rejection letter from the SABC in March 2019, but was surprised when he saw Shay’iround being advertised.
“The advertisement aired for some one minute and four [sic] seconds, where the presenter, the producer and members of the production team were outlining the concept and the objective of the show.”
Lehana said he watched a few episodes to make sure that it was indeed a carbon copy of his original idea. He then concluded that the show, which is hosted by Zola Mhlongo, mirrored his concept, prompting his lawyers to send the SABC a letter of demand instructing the broadcaster to fully credit and compensate him, but that fell on deaf ears.
“There is an imminent infringement of a copyright that the applicant may suffer should the interdict not be granted. The television show will be aired without the applicant being credited for his IP. Moreover, should it not be declared that the applicant is the copyright owner of the concept of the show Shay’ iround, he may not be compensated in the future.”
Although Lehana told City Press that he was not at liberty to comment on the matter because it is before court, he denied having instructed his legal team to withdraw the case.
This story has been published from a wire agency feed without modifications to the text.