T-Effect, AKA’s management, through their legal representation Tailor Made Solutions, has served the broadcaster with a legal letter demanding that they cease scheduled airing of the show.
This is coming after the show contacted, Cassper Nyovest to replace AKA without his consent.
He has directed his legal to stop the show from airing.
Cassper has been promoting the show via his platforms, insisting that he was only paid to be on the show, and he’s only interested in securing the bag and not the ownership tussle.
Who owns The Braai Show?
Information we have gathered, shows that Cake Media and Kiernan Forbes as the executive producer co-owns the show with 50% stake.
Is AKA Cassper Nyovest’s new boss?
If the T-Effect, the AKA management team succeed in their legal tussle against Cake Media, it will then determine whether Cassper will continue as the host or not.
For now, it is still uncertain, despite the 50% claim from AKA team.
Here are the 13 points raised by T-Effect raised against SABC.
- We act on behalf of Kiernan Jarryd Forbes, professionally known as “AKA” and hereinafter referred to as “our Chent”.
- We are instructed that on the 23” of March 2020, our Client entered into a partnership agreement (“Primary Agreement”) with MakhuduCom Media (Pty) itd (“MakhuduCom”) wheres our client, inter alo, would produce content which would be exploited and uploaded by MakhuduCom onto an application titled “AKA TV’. A copy of the Primary Agreement has been annexed hereto and marked “AKA1”.
- According to clause 4.5 of the Primary Agreement, the parties agreed that the entire copyright (whether vested contingent or future} and all other nghts in and to the work created (including merchandising or remake nghts of whatsoever nature) would be jointly vested in the parties, being MakhuduCom and our Chent.
3.1. In accordance with this agreement, the parties began the development and content creation of “The Braai Show with AKA” (“The Show”).
- Our Clent further advises that on or about October 2020 MakhuduCom cited an inability to pay for the production of the Show to Barleader TV, a production house that it had commissioned for the production of the Show.
- As a result, MakhuduCom entered into a Deed of Cession and Assignment Agreement (“Deed of Cession”} with CakeMedia (Pty) Ltd (“Cake Media”) wherein MakhuduCom ceded all its rights and entitlement to the Show to Cake Media, in exchange for Cake Media settling owed and future production costs.
5.1. At this point, Cake Media stepped into the shoes of MakhuduCom in terms the Primary Agreement between itself and our Client, as joint copyright owners, and for the continued production of the Show.
- On or about November 2020, Cake Media secured an agreement with the South African Broadcasting Corporation (“SABC”) for the commissioning of the Show to be aired on traditional television.
6.1. A Service Level Agreement (“SLA”) was entered into by Cake Media and our Client for the shooting of the outstanding episodes of the Show.
6.2. Our client accepted the SLA terms and shooting of the remainder of the Show was concluded.
7.On of about February 2021, the SABC expressed its interest to Cake Media for the parties to renew the agreement and record a second season 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.
- In April 2021, our client experienced unforeseen and unfortunate circumstances, which we wish to not detail in this letter, that made it impossible for him to continue as the show’s presenter in the production of its second season.
8.1. To fulfil its obligation to the SABC, Cake Media approached other media personalities to host the Show as service providers to Cake Media.
We pause to expressly place on record the following:
9.1. In accordance with the Primary Agreement between our Chent and MakhuduCom, our Client remains the joint copyright owner to the Show and therefore remains entitled to all titles and interests to the Show from the conclusion of the Primary Agreement, i e. the vested contingent or future interests and all other rights in and to the work created (including merchandising or remake rights of whatsoever nature).
9.2. MakhuduCom could only cede the rights that it held at the time to Cake Media and therefore, the terms of the Deed of Cession concluded between MakhuduCom and Cake Media were to the exclusion of our Chent’s entitlement to the copyright.
Our Client has attempted to engage in discussions about his legal stake in the Show, as per the Primary agreement, but he is constantly referred to the SLA and Cession agreements to which he has fulfilled tus Obligations and 1s not party to, respectively.
In the circumstances, we are instructed to demand, which we hereby do: 11.1. 250% entitlement, as joint copyright owner, to all proceeds received in relation to the Show. This includes, but 1s not limited to, proceeds from the channel, 1 e. the SABC, sponsorship, brand or otherwise concerned and in relation to the furtherance and/or promotion of the Show;
11.2. Appropriate production credit as the Executive Producer of the Show;
11.3. a copy of the agreement concluded between the SABC and Cake Media, as well as all agreements concluded with other third parties i.e. sponsors, brands and/or any other party in relation to the Show and where our Client’s rights are concerned;
11.4. to demand that you provide an undertaking to cease the scheduled airing of the show on the SABC
On 08 September 2021, as per the tweet disseminated on the SABC’s twitter page on Monday 09 August 2021. We annex a screenshot of the tweet hereto titled “AKA2″.
- Further, we are instructed to invoke Clause 15 of the Primary Agreement as follows:
12.1. That this letter serves as formal written notice of our Client’s demand to have this dispute referred to arbitration as per Clause 15.2 of the Primary Agreement; and
12.2. Advising you that failure to respond hereto before the expiry of 48 (forty-eight) hours will leave our client with no other option but to obtain interim relief on an urgent basis pending a decision from the arbitrator as he is entitled to by Clause 15.3 of the Primary Agreement.
12.3. Please be advised that, should you oppose the relief sought herein, we hereby give notice that we will seek a cost order on an attorney and client scale.
- Our Client’s rights remain fully reserved.
