Times Of Swaziland: FORMER MANAGER COUNTERSUES ‘SANDS’

FORMER MANAGER COUNTERSUES ‘SANDS’
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BY NONDUMISO MSIBI AND MBONGISENI NDZIMANDZE on 04/10/2021 08:12:00


MBABANE - Music sensation Sandziso ‘Sands’ Matsebula says his former manager
Phila ‘Koshin’ Dlamini took him to court as means of enriching himself over
his (Sands) intellectual property.
The duo is embroiled in a legal battle over the ‘Sands of Time’ album.
Through his company, Icon PB (PTY) Limited, Dlamini has since taken Matsebula
and Kingdom Tales to court. Dlamini who is the director of Icon PB (PTY) Limited
wants the High Court to declare that the masters to the studio album ‘Sands of
Times’ are owned by his company (Icon PB (PTY) Limited). A master recording is
the official original recording of a musical piece. It is the source from which
all later copies are made of and the holder of the master has the right to use
that recorded piece in any way, the masters, unless specifically agreed, are
owned by the party that financed the record.
The applicant (Icon PB (PTY) Limited) is further praying for an order
interdicting and restraining Matsebula and Kingdom Tales from using and/or
deriving any benefits from the masters of the album and/or any material
extracted therefrom. Dlamini has instituted the legal proceedings against
Matsebula through lawyers from Mtshali Ngcamphalala Thwala. Dlamini told the
court that the relationship between him and Matsebula, in his capacity as his
managing director had its flaws but they remained professional for the benefit
of the project. “Things took a turn for the worst in August 2017. Matsebula
had developed an attitude towards me personally. I paid no mind to this as I
believed it was the stress that came with the demands of the music industry,
submitted Dlamini.
He told the court that it was not until he was informed that Matsebula was
taking bookings personally that he realised that the problem was greater that he
had imagined.“Instead of addressing the source of the problem with me,
Matsebula resolved to represent himself in booking and securing of certain gigs
and live performances. He was no longer honouring any agreement which had been
negotiated and being negotiated by me on his behalf,” alleged Dlamini.
Meanwhile, in his answering papers, Matsebula told the court that the verbal
artists agreement was that Dlamini’s company would take 30 per cent management
fee from every performance. According to Matsebula, all bookings were done
through the applicant, (Icon PB (PTY) Limited) and he would remit 70 per cent of
the revenue generated from the bookings to him (Matsebula). He told the court
that it was apposite to mention that the percentage did not depict the
applicant’s contention of ownership of the masters to the project. “The
revenue generated from the sales of the album were utilised for all basic
logistics inclusive of travel and accommodation. The applicant at no time
financed ‘Sands of Time’ project from his pocket,” he argued.
It was further his averment that, the brand “Sands music” was established
before any engagement with the applicant’s director.  This, according to
Matsebula, could be demonstrated by the videos on YouTube which were uploaded
before the parties met.  He brought it to the attention of the court that, the
only social media account bearing his name that was managed by the then
applicant’s director was an Instagram account.  Matsebula alleged that Dlamini
continued to operate this account even after his mandate was terminated and this
resulted in numerous bookings being made by him (Dlamini) without his
(Matsebula) knowledge and that of Kingdom Tales.
fraudulently
“I was later to find outthat the applicant’s director registered some of my
music fraudulently by producing a document which was not signed by myself,” he
argued. These are allegations contained in an affidavit whose veracity is still
to be tested in court. The matter is still pending in court and for it to be
heard at the High court, Dlamini who is reported to be residing in South Africa
is expected to deposit security for costs with then registrar of the High Court.
  Matsebula through his attorney filed an application where they averred that
before the matter could commence, Dlamini should deposit a certain amount as
security for costs with the Registrar of the High Court.