Former judge president of the Competition Appeal Court, Judge Dennis Davis, has issued an independent legal opinion clearing Ambassador of Economic Development for Pan-African Parliament and businesswoman Bridgette Motsepe of wrongdoing linked to the controversial and abandoned film.
Motsepe was accused of withdrawing from an alleged verbal agreement to pay R3-million to renowned music and film producer Chicco Twala and his partners over the abandoned Worse Than Apartheid film.
The six-series film was expected to be broadcast in May last year but was “deleted” following criticism that it depicted South Africa in a damaging light.
In the legal opinion document, Davisa said there is no possibility that the producers could prove a verbal contract existed between Motsepe and Chicco’s organisation.
Verbal contract evidence doesn’t exist
“There is no evidence to show that Ambassador Bridgette Motsepe made any verbal or other contract to pay any amount to the producers in relation to the film that they claim they produced and then deleted,” said Davis.
Sunday World reported at the weekend that the issue started when an ANC top brass reached out to Motsepe to talk to staunch party supporter Chicco to hold back the release of the film as it would have allegedly tainted their image before the general elections last year.
This publication also has messages that show Motsepe, Twala and ANC leaders discussing payments to reimburse the film’s cast and crew. One ANC leader allegedly paid part of the amount, covering only half of the fees, while the rest was expected from Motsepe.
She was later accused of not fulfilling that promise, leaving those involved unpaid and frustrated.
Threatened to harm SA’s image
According to Motsepe’s version of events, the matter began when business leader Chief Matsila approached her to express concern that the trailer of Worse Than Apartheid could harm South Africa’s credit rating and investment image.
Motsepe agreed that the trailor portrayed the country negatively and suggested that it be revised to show “the good, the bad and the ugly” of South Africa’s history, but with a central message of hope and unity.
Motsepe said she consulted with deputy president Paul Mashatile and Matsila, then proposed that the film be screened for business leaders who could potentially fund productions promoting a new message of hope.
However, according to Motsepe, Twala later claimed the film and its script had been deleted, which meant the screening could not go ahead. She later met with Twala, Maurizio Mariano, and Emilia Casaletti Bwalya in Sandton to discuss creating a new film.
Long walk to nonpayment
During this meeting, she shared ideas for the new project, suggesting the use of Don Mattera’s poem This World Must Be Healed and Nelson Mandela’s Long Walk to Freedom as inspiration.
Both Mariano and Casaletti Bwalya later confirmed in their signed statements that Motsepe never asked for the original film to be deleted, nor did she promise any payment for it.
“Ambassador Motsepe will not, and will never, support or contribute in any way – financially or otherwise – to any film or series based on Worse Than Apartheid, [public relations] to any project that promotes or references unfounded allegations of genocide.
“As a proud citizen of South Africa, she, like the vast majority of South Africans, deplores that any film that might be called Worse Than Apartheid, if it even exists, and any similar efforts to distort the country’s reality of undermine its democracy,” reads the statement.
Davis found that none of the producers had supplied proof that a completed film even existed, or that any distribution agreements, scripts, or expenses had been documented.
“Nothing in the correspondence nor in the statements made by Mr Twala and his associates provides evidence on any standard that a verbal contract was concluded,” said Davis.
He also noted that proving such a contract would be extremely difficult under South African law without any written record or corroborating evidence.
