The Joburg City Theatre (JCT) has suprisinglywithdrawn funding for an event organised to celebrate the life of internationally acclaimed playwright Mbongeni Ngema, after a complaint from his disputed wife, Nompumelelo Gumede.
The event, which was organised by Ngema’s customary wife, Yolanda Moncho, and was supposed to have been held in Newtown, Joburg, yesterday has since been cancelled.
Gumede complained that Diamond Edge, Moncho’s company, had no right to use Ngema’s intellectual property to stage the event, despite the entity having hosted the jamboree several times when Ngema was alive.
The Joburg Threatre’s withdrawal of funding came to the fore after a letter it wrote to Diamond Edge informing it of the decision, was leaked to Sunday World by its employees.
In the letter, the theatre, whose chief executive officer (CEO) is Ngema’s ex-wife, Xoliswa Nduneni-Ngema, stated that it was withdrawing its funding because of the dispute over the ownership of Ngema’s intellectual property and the raging feud over the Sarafina! filmmaker’s estate.
The letter reads in part: “Diamond Edge presented an oral presentation seeking to honour the late Dr Mbongeni Ngema through a birthday celebration event on the 1st of June 2024, and JCT explained that the other Dr Ngema’s family, with Ms Nompumelelo Gumede at the lead, sought to honour Dr Ngema through a celebration dubbed ‘a Tribute to Dr Ngema’ on the 16th of June 2024.
“Due to both Ms Moncho and Ms Gumede regarding themselves as the surviving spouses of Dr Ngema, and the ambiguity of who has the rights to the usage of Dr Ngema’s intellectual property (IP), a resolution was taken that the legal representatives of the two Dr Ngema’s families and the legal officer of the JCT convene a meeting to unpack the legal debacle regarding the usage of Dr Ngema’s IP.”
The letter further stated that a virtual meeting was held on May 24, 2024 between the legal representatives of Ngema’s family and JCT legal officer.
The letter stated that during the meeting, it transpired that Ngema’s will had not been read, and as a result, there was a legal vacuum pertaining to his estate.
As a result, stated the letter, the implications were that no one had the locus standi on Ngema’s intellectual property.
“Either Ms Moncho or Ms Gumede, nor the children of Dr Ngema, have the right to IP, until these rights are conferred in terms of his will, Ms Gumede unequivocally disputes and restricts Ms Moncho from using Dr Ngema’s IP in any form or shape, for whatever implicit or explicit reason, for any kind of gain or pleasure.
“JCT has a reputation to protect, and JCT has expressed on the record of this meeting that JCT shall not be a party to any family or business dispute occurring or about to occur between the two families of Dr Ngema, headed by Ms Moncho and Ms Gumede,” the letter says.
“Based on the above, JCT is hereby advised wholly, to refrain from participating in the highly disputed birthday and tribute celebrations/events of Dr Ngema, either by presence, condonement and/or financial contributions, until JCT has it in writing, from either Ms
Moncho, Ms Gumede and/or both Ms Gumede and Ms Moncho, that they have been legally conferred the IP rights of Dr Mbongeni Ngema.”
However, Moncho entity has since accused the CEO of having a conflict of interest and deliberately sabotaging the event.
“At the onset, the JTC CEO, Ms Xoliswa Ngema, did not apply herself to the brief as it was approved by the MMC’s office. At this point, her role in the matter was marred by a conflict of interest,” reads the letter.
The entity said Nduneni-Ngema had, in one of the meetings, told them she holds a 50% share in the songwriter’s estate.
The company said the withdrawal of the funds would prejudice it as it had already contracted service providers to organise the event and incurred costs.
The company further said all the concerns raised regarding the intellectual property rights of Ngema’s label should not be an issue as they were duly addressed after the South African Music Rights Organisation provided documentary proof that there would be no legal issues with the event.
“We reject the insinuation that there is conflicting marital claims between Ms Moncho-Ngema and Ms Gumede-Ngema as this was never presented or discussed in any of the formal meetings held by the parties involved. Furthermore, we want to assert that Dr Ngema’s will and testament is a matter of the courts and should be reserved for such as prescribed by the laws governing estates.”
