Heated texts set tone for court battle over #QueenModjadji TV series

Show goes on as judge ends Ndlovu vs Motshekga spat

Dr Mathole Motshekga with the Balobedu Queen Modjadji VII’s family in the Pretoria high court yesterday where they failed to interdict the flighting of new TV series ‘Queen Modjadji’, which starts on Sunday on DStv’s Mzansi Magic channel.
Dr Mathole Motshekga with the Balobedu Queen Modjadji VII’s family in the Pretoria high court yesterday where they failed to interdict the flighting of new TV series ‘Queen Modjadji’, which starts on Sunday on DStv’s Mzansi Magic channel.
Image: ANTONIO MUCHAVE

A month before Balobedu royal house member Dr Mathole Motshekga and filmmaker Duma Ndlovu faced off in court to interdict the flighting of the series Queen Modjadji yesterday, the former politician accused Muvhango producer of flouting tradition for profits. 

Yesterday, the North Gauteng High Court dismissed the urgency of Motshekga's application to interdict the TV series which is set to start on Sunday on DStv. Balobedu Royal Council and the royal family claim they were not consulted and did not consent to airing the series.

However, a series of text messages between the two men, which were contained in the court application, gave more insight into the squabbles about the TV series. 

Ndlovu started contacting Motshekga directly in June last year requesting a meeting to discuss the series. The meeting between them did not take place and MultiChoice began advertising the series this year. That  irked Motshekga who, in May, sent a text to Ndlovu accusing him of not negotiating a deal with Rain Queen Masalanabo Modjadji VII.

He said Ndlovu instead struck a deal with the Queen's brother Prince Lekukela Modjadji and uncle Mpapatla Modjadji, the regent. In January last year Masanalabo won the succession battle in court to be the next Modjadji Rain Queen. 

"I see that you are continuing to advertise the Modjadji documentary... Her uncle and brother have no authority to represent her or the office of the queen. They have used you to advance their lies about the queenship...  My advise is that you should favour her with the agreement signed and the content and renegotiate the agreement with her... I do not believe that the professional integrity of a top journalist like yourself should be challenged in court," said Motshekga in a text message to Ndlovu. 

The filmmaker responded, saying they initially wanted to engage Motshekga about the series but he was not available. 

"The unfortunate part dokotela is that you are the first person we called when we were asked to do the project and you gave us the runaround... But I am saddened by all of this because you were our first go-to person, because of our history in the movement and because of the respect we had for you."

In her court papers, the Queen said she was never consulted about the show and that, based on the TV adverts, it misrepresented her culture because some of the actors wore Xhosa, Ndebele and Zulu attire. She claimed that she wanted to be furnished with the film before it flights to see if it did not threaten her privacy, dignity and financial rights. 

In court documents, advocate Terry Motau SC, representing both MultiChoice and Ndlovu, said there was no general principle in law that required a broadcaster to obtain permission in advance of publication or to provide a copy of a publication to a third party in advance.

"We therefore submit that not only is the extreme urgency with which this application has been brought self-created and unjustified but the applicants also fail to make out a case for the far-reaching relief that they seek on this urgent basis," said Motau.

The channel further said the royal house misunderstood that film was not a "documentary" and is not based on the lives of the applicants but rather a fictitious series that looks at the Balobedu people from 200 years ago.

Motau  said if the applicants were unhappy about the contents of the series after they had watched it along with the public, they could use their position to speak out about it  and educate the public on what they consider are true facts. 

Delivering his judgment yesterday, acting Judge Anthony Minnaar, made no finding on the merits of the case but said in his prima facie view the court has not discovered how the rights of the queen will be infringed by a work of fiction.  

“They [applicants] knew about the [series] as early as June. Instead, they waited for the production to be completed. It's difficult for the court to comprehend how the rights of the queen will be infringed by this fiction of work and in essence the matter lacks a sense of urgency. The matter is struck off the roll,” he said. 

Balobedu Royal Council secretary-general Gabriel Rasebotsa said they will continue to challenge the matter in court.


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