The drama between AKA and the SABC is far from over. The star has served the public broadcaster with a letter of demand, instructing the SABC to halt the broadcast of The Braai Show With Cassper, which is scheduled for next month.
Speaking through his legal representatives, Tailor Made Legal Solutions, the Fela in Versace hitmaker says he entered into an agreement with MakhuduCom Media in March last year to produce content that would be uploaded to AKA TV by the company. “In accordance with the agreement, the parties agreed that the entire copyright (whether vested contingent or future) and all other rights in and to the work created, including merchandising or remake rights of whatsoever nature would be jointly vested in the parties, being MakhudoCom and our client,” reads part of the letter.
However, in October of the same year, MakhuduCom expressed that it couldn't afford the costs of the production of the show, which was to be carried out by Barleader. “As a result, Makhudu entered into a Deed of Cession and Assignment Agreement with Cake Media wherein Makhudu ceded all its rights and entitlement to the show to Cake Media, in exchange for Cake Madia settling owed and future production costs,” the letter reads further.
According to the letter, Cake Media taking over the reigns from MakhuduCom meant that Cake Media and AKA were now joint right owners. “On or about November 2020, Cake Media secured an agreement with the South African Broadcasting Corporation for the commissioning of the show to be aired on traditional television. A service level agreement was entered into by Cake Media and our client for shooting outstanding episodes of the show.”
AKA apparently accepted the terms of the service level agreement and he finished shooting the remaining episodes of the show.
AKA alleges that in February this year, the SABC approached Cake Media with the intention to “renew the agreement and start shooting season two of the show”. “Our client was engaged in these discussions and on board to continue as the host of the show and/or as the main industry personality in the second season when negotiations commenced.”
The rapper says when he was about to start shooting season two of the show, he experienced a personal setback, which made it impossible for him to continue with his duties. “In April 2021, our client experienced unforeseen and unfortunate circumstances, which we wish not to detail in this letter that made it impossible for him to continue as the show’s presenter in the production of its second season,” reads the letter. “Our client has attempted to engage in discussions regarding his legal stake in the show, but he is constantly being referred to the Service Level Agreement and Cession agreements to which he has fulfilled his obligations and is not party to, respectively.”
After everything that has transpired, the muso and his legal team have set out their demands, which include cancelling the broadcast of the show, which is scheduled for next month or face a court interdict. Part of the demands read as follows:
“In these circumstances, we are instructed to demand, which we hereby do:
1. A 50% entitlement as joint copyright owner to all proceeds received in relation to the show. This includes but not limited to, proceeds from the channel, i.e SABC, sponsorship or otherwise concerned and in revelation to furtherance and or promotion of the show.
2. Appropriate credits as the executive producer of the show.
3. A copy of the agreement concluded between the SABC and Cake Media, as well all other agreements concluded with all other third parties, i.e sponsors, brands and, or any other party in relation to the show.
4. To demand that you provide an undertaking to cease the scheduled airing of the show on 8 September, as the tweet disseminated on the SABC's Twitter page on Monday 9 August."
The star gave SABC 48 hours to respond to the letter or face a court interdict stopping the show from airing on 8 September 2021.
“The SABC can confirm receipt of the letter from AKA’s legal team and we will deal with this matter accordingly. However, it is imperative to note that the programme in question is owned by Cake Media and licensed to the SABC. All the decisions pertaining to the presenter are solely made by the production company and not the SABC,” says Gugu Ntuli, SABC’s executive for corporate affairs and marketing.