SABC in the middle of a R3M copyright lawsuit.

By Mduduzi Nonyane.

A production company owned by former SABC employee Lehlohonolo Lehana is demanding R3 million from the public broadcaster for alleged theft of intellectual property and infringement of copyright.

City Press previously reported that Lehana applied to the Johannesburg High Court for an interdict in June seeking to bar the SABC and production company Croc Media from airing the leisure show Shay’iround, saying that he had submitted a similar concept three years ago.

His proposed programme, Mzansi Road Trip on a Budget, was rejected by the public broadcaster.

That application was halted because it was filed on the day of the penultimate episode of the show.

In court papers filed on September 22, through his company Grooves Event Services, Lehana asked the court to grant an order for him to be compensated for the initial proposal and for the SABC to hand over the original proposal that was currently under its control.

“On or about March 22 2019, the plaintiff [Grooves Event Services] received a letter from the first defendant [SABC] informing the plaintiff that his proposal had been rejected.

“The proposal and/or concept submitted to the SABC by Grooves Event Services was and/or is its intellectual property and was submitted to the SABC for its exclusive consideration and not to be passed to third parties,” reads the summons. Lehana said he was dismayed when he saw an advert on SABC1 introducing viewers to a leisure and travel show similar to the proposal he had pitched.

On April 7 2021, the first episode of the show Shay’iround aired. Upon watching the first episode of the show, Grooves Event Services observed that the segments and the format of Shay’iround were strikingly similar to this concept and/or proposal submitted to the SABC.”

The court papers added that the show even had the proposed 13 episodes that ran for 48 minutes.

“The segments of the show would comprise of an overview of the area visited and key points of interest; the best route to get to the area to be visited; interesting places to stay on a budget; interviews with locals who cater for the tourist route; and tips and tricks from those who have taken road trips before.

The format of the show would be a 48-minute presenter-driven magazine show, which will feature impactful and relevant overlays, compelling interviews, archive and promotional footage, and high-tech seamless integration production elements and new media elements, for example Twitter, Facebook and text messages,” reads the papers.

Grooves Event Services also pointed out that the destinations explored on the SABC1 show, which was presented by Zola Mhlongo, were sequentially similar to the ones in Lehana’s proposal.

“The aforesaid conduct by the defendants is not authorised by the plaintiff … the conduct of the SABC constitutes infringement of the copyright [of] the original work. The SABC at all material times hereto bore knowledge of the fact that such conduct constituted infringement.”

The SABC has rejected Lehana’s allegations and filed a notice to oppose the case in court.

This story has been published from a wire agency feed without modifications to the text. 

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