The Balobedu Royal Council says it is considering different legal avenues following the judgment by the Pretoria High Court that dismissed its application to interdict the Queen Modjadji series on DStv.
On Tuesday, the Pretoria High Court dismissed the Balobedu Royal Council’s urgent application to interdict the broadcasting of the series Queen Modjadji on DStv. The series is set to start on Sunday.
Secretary-general of the Balobedu Royal Council, Gabriel Rasebotsa, said the council is concerned about the judgment.
“The Balobedu Royal Council articulates its profound concerns following the recent Pretoria High Court decision. [The ruling is] regarding the Queen Modjadji series,” said Rasebotsa.
Work of fiction, lack of urgency
“This judicial decision has struck off the roll our urgent application. [The decision is] based on the series being categorised as ‘a work of fiction set many years ago’. …It’s also based on the grounds of lack of urgency.
“The court argued that our concerns did not constitute an emergency that would justify halting the broadcast immediately. It emphasised… potential financial losses for MultiChoice. Rather than the irreparable damage that will be done to the constitutionally guaranteed and enforceable rights to the culture and religion of Balobedu Royal Nation.
“It is important to emphasise that the case was not heard on merits. Furthermore, we wish to express our dissatisfaction with the consultation process employed by the series’ producers.
“… It is critical to emphasise that these consultations failed to include the Balobedu Royal Council. Nor Her Majesty Queen Masalanabo Modjadji VII, the rightful custodians of the Balobedu cultural heritage. This is despite their claims of extensive stakeholder engagement.
“Instead, they consulted with Mr Mpapatla Modjadji. …He is neither a headman nor a chief or a member of the Balobedu Royal Council. The omission of the queen and her council in these discussions not only questions the authenticity of the consultation. It also highlights a significant disregard for the proper cultural authorities of the Balobedu Royal Nation.”
Financial impact vs cultural harm
He said the court’s focus on the urgency and financial impact rather than the lasting cultural harm highlights a critical oversight.
“The rapid dissemination of media content and its potential to alter permanently public perception of a culture. …This highlights the true urgency of our concerns.
“Cultural integrity requires careful and respectful representation, especially when depicted in widely broadcasted media. To prevent misconceptions and cultural distortions. Moving forward, the Balobedu Royal Council remains committed. [We remain committed] to advocating for responsible portrayals of our culture and heritage. The Royal council will continue to pursue all available legal avenues to find a remedy. The remedy that’s based on the merits of the case. Because the court did not consider the matter on merits,” he said.
