Tshwarelo Hunter Mogakane
Pretoria - Legendary songwriter, singer and actress Abigail Kubeka, 81, has welcomed the Special Tribunal’s ruling that exempted former SABC chief operating officer Hlaudi Motsoeneng from paying back the R2.4 million the public broadcaster gave to South African artists seven years ago.
The SABC and the Special Investigating Unit (SIU) approached the Special Tribunal last year January, with the view of forcing Motsoeneng and eight other executives to pay back R2 425 000 they had distributed to 53 artists in 2016.
The artists, who Motsoeneng identified as having not received needle time royalties before 1996 when South Africa’s new Constitution was approved, were given R50 000 each as a special dispensation for their artistic contribution during the apartheid Struggle.
The SABC and the SIU sought to have the payments declared irregular, unlawful and invalid.
Delivering her judgment this week, Judge Lebogang Modiba did not entirely dismiss Motsoeneng’s version that he raised at least R5m from MultiChoice, but rather questioned its sufficiency given that the broadcaster intended to give incentives to 180 artists.
Modiba declared the payments unlawful but ruled that the period for the SABC to recoup the amounts had lapsed.
She lambasted the SABC and SIU for seeking repayment when they knew that it was legally impossible.
“The applicants understated the fact the SABC had knowledge of the debt and of the facts giving rise to its claim in August 2017 when the interim board received the report on the forensic investigation it commissioned in respect of the impugned decisions.
“The applicants did so by not mentioning in their founding papers the date on which the SABC interim board received the report, leaving the date buried in the approximately 2 000-page report the applicants filed in respect of the impugned decision.
“The reason for this is obvious. From that date, the prescription period started running against the SABC. As an institution litigating in the public interest, there is a higher duty on the applicants to act professionally, honestly and with due diligence when fulfilling their statutory mandate.
“By acting as aforesaid, they have failed in their duty to bring to the tribunal’s attention even facts that do not advance their case,” ruled Judge Modiba.
In an exclusive interview with the Pretoria News, Kubeka said artists should not be guilt-tripped into “vomiting” the cash they received from the SABC.
“I know dozens of artists who benefited from this beautiful project that has now become the crucifixion of Mr Hlaudi. These were people who offered their lives to the country but now are being made to believe they stole from the SABC.
“It is painful to see a beautiful gesture being turned into the ugliest thing under the sun. There are people who are stealing millions but no one is interested in them. Instead, they want artists to feel ashamed that they received a R50 000 once-off incentive for their work.”
Kubeka’s music career started in 1957 at the age of 16 when she joined Miriam Makeba’s Skylarks ensemble. A well-decorated Marabi artist, Kubeka has performed with the Jazzmakers, Elite Swingers and Jazz Dazzlers.
Her performances have included tours across the continent, in Europe and Asia, where she shared the stage with renowned artists such as Eartha Kitt, Percy Sledge and Monk Montgomery.
The accomplished performer told the Pretoria News there were many forgotten artists roaming the streets hungry while their music was being played in the cars of politicians.
“We are not attacking our government, but we are saying they need to hear what they are saying to struggling artists. They need to hear themselves. They enjoy the melodious music in their cars but are not concerned that those musicians are starving to death. Where are Ubuntu and Christianity in all of this?
“We should all be appreciating what Mr Hlaudi did for these artists. Some told me that, ‘Mama Abigail, we could not afford custard and jelly because we live from hand to mouth, but this money has assisted us’.
“Some of these artists were sick and couldn’t afford medication, but when the money came they were able to care for their ailing bodies. When someone says Mr Hlaudi must pay back the money it means the artists must also pay Hlaudi back. Will they be able to collect R50 000 from Dorothy Masuka’s grave?”
Kubeka called on the government to find a way to reward artists who contributed to the entertainment industry.
Motsoeneng said he was also relieved that he and the eight other executives don’t have to pay back the money he raised from MultiChoice.
He said his conscience could not let artists die while he was watching.
Pretoria News