Queen Modjadji Drama Series to Air Despite Objections from the Balobedu Royal Council
The Gauteng High Court in Pretoria dismissed Balobedu Royal Council’s urgent interdict to prevent MultiChoice Queen Modjadji drama series from airing.
Queen Masalanabo Modjadji VII, the Balobedu royal family and the Balobedu Royal Council approached the Pretoria high court on Tuesday on an urgent basis to interdict the broadcast of the series.
Acting judge Anthony Minnaar dismissed the application for lack of urgency.
The series is expected to air its first episode on Sunday at 8pm on DStv’s Mzansi Magic.
The queen and the Balobedu council argue that MultiChoice did not obtain permission to broadcast the series, which MultiChoice inaccurately referred to as a “documentary”.
Advocate Terry Motau SC, representing MultiChoice, argued in court that the series could not cause harm to them because it did not concern them.
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He said the series was a work of fiction set in the context of events that occurred more than 200 years ago, and based on characters and plots from that time.
“Second, even if a fiction drama series based over 200 years ago can be said to engage the rights of the applicants, the applicants have set out no evidence at all that the series will cause any harm,” he said.
Motau asked the court to strike the matter off the roll for its lack of urgency or alternatively dismiss on the merits with costs.
Advocate Louis Kok, representing the Balobedu Royal Council, said the airing of the series would infringe on the Balobedu queen’s rights.
A member of the royal family and its representative, Mathole Motshekga, said the family would consult with lawyers on the way forward.
“From March we were communicating with the lawyers of Duma Ndlovu and MultiChoice, hoping that we will get a solution. As late as May 30 we communicated with them; they said they will come back to us.
Motshekga said the family had no basis to rush to court because it was still in negotiation with MultiChoice and the producer. He said the family was surprised when it was announced the series would be aired this month.
“We were forced very late in the process to go to court. The court says, ‘why didn’t you come earlier?’ We could not go early as we were still in negotiations,” he said.
He said MultiChoice and Ndlovu had consulted with a man who had no authority on the issues of the Balobedu kingship.
“The court is saying it won’t stop the airing of the series because we came late, not because we are wrong.”
Queen Modjadji Drama Series to Air Despite Objections from the Balobedu Royal Council