Producer claims copyright ownership of Mzansi Magic's anticipated 'Shaka Ilembe' series

A producer is claiming copyright ownership of the highly anticipated series Shaka Ilembe, to premiere on Mzansi Magic on Sunday night.

The eight-part series is funded by MultiChoice and produced by Bomb Productions.

Themba Ndaba of Teddy Bear Pictures is claiming he and his team conceived the idea for the movie King Shaka Zulu: The Warrior King back in 2012, had planned to release it five years ago, but lack of funding presented a challenge.

By the time they had secured government funding in 2017, Ndaba alleges Bomb Productions already had information about the show.

“We’d gotten sponsors and endorsements and had begun doing media interviews, so our idea was already out there.

“People already knew what were working on, so Bomb Productions ran with the idea faster than we did. They got funds and did the story, because they saw that it was the gold they’d been looking for,” Ndaba told media.

Ndaba and an investor in the project, Nomusa Heather Wynn, have now mandated NPO and advocacy group Intellectual Property Justice to take up the cudgels on their behalf.

Speaking to TimesLIVE on Sunday, Tebogo Sithathu, the head of Intellectual Property Justice, said Ndaba suspects the script he devised was “stolen” by a colleague, who then went on to present it to Bomb Productions.

“We are considering litigation in this matter. Yes the story of Shaka has been told for many years, but the script has been conceived by Mr Ndaba.

“Is it not coincidental that the same people who Mr Ndaba shared the concept and script with are now working on Shaka Ilembe?”

Sithathu has written to MultiChoice about Ndaba's claim to the copyright for the show.

In the letter addressed to Nomsa Philiso, MultiChoice's head of programming, Sithathu said he wanted to make them aware “there is credible contestation on the copyright ownership of the said production by our clients”.

Sithathu requested a meeting to engage “on the possibility of mediation”.

He said they hope “to reach an amicable settlement on this”.

TimesLIVE has reached out to MultiChoice and is awaiting a response.

In response to Sithathu's letter, MultiChoice's legal team said: “At the outset, we point out that it is unclear for whom you are acting. The mandate attached to your letter states that 'DirectServ (Pty) Ltd' and 'Teddy Bear Production' have granted a mandate to IP Justice Company, but is signed by 'DirectServ Holdings' and 'Teddy Bear Pictures'.

“It is also unclear on what basis your clients claim that there is 'a credible contestation on the copyright ownership' of the production Inkosi ILembe. Please note that there is no production being broadcast on MultiChoice’s platforms with the title Inkosi ILembe — we assume that you are referring to the production Shaka Ilembe.

“The lawyers asked for clarification on Sithathu's clients' names, to which production your clients claim to own copyright; and the basis for your clients’ claim.

“Until we receive the above information, we will not be able to meet or refer the matter to mediation. Our rights are reserved entirely.”

TimesLIVE