Charl Blignaut
The simmering feud between top South African d’gong band Skeem and the local division of record company Sony Music Entertainment this week threatened to ignite and in so doing spark an all-out war between Sony and PolyGram South Africa, with whom Skeem’s label Ghetto Ruff has a distribution deal. The battle takes place as competition hots up in the hugely lucrative kwaito or d’gong (township dance music) market.
In July last year Skeem publicly burned their Sony contract in an act of defiance against a agreement which they deemed to be the equivalent of “indentured servitude”. Sony, which has repeatedly claimed to have done everything in its power to negotiate a settlement with the band, has now resorted to legal action. In so doing, it has started the first high-profile legal action of South Africa’s fledgling yet money-spinning kwaito market.
Last week Sony served a summons for breach of contract, claiming a total of R450 000 in damages from the band, Ghetto Ruff, and PolyGram. After the Sony contract was burned, Ghetto Ruff released Skeem’s second album, Salute. Sony is claiming R150 000 from Ghetto Ruff; R150 000 from PolyGram; R100 000 from the band; and R50 000 from band member Ishmael Morabe, who recorded a solo number, Jo’burg City, under the name E’Smile, for Ghetto Ruff.
Skeem, Ghetto Ruff and PolyGram still have until Monday to respond to the summons and it is as yet unclear what their course of action will be, but a representative for the band this week said that they “seem to have no option but to defend themselves”. The case could run into millions of rands and seriously damage the credibility of an already tainted marketplace – one which has, in the past, threatened to emulate the aggression, fast cars and death threats of America’s East Coast/West Coast rap war.
From the beginning, Lance Stehr of Ghetto Ruff – who had a verbal management agreement with Skeem – has claimed that Sony did everything in its power to lure Skeem away from his independent label and then tie them to a multiple-album deal. Stehr has signed some of the hottest talent in the dance market, including the likes of Boom Shaka. A Sony representative this week said that Sony’s battle is no longer with Skeem, but with PolyGram.
Stehr stresses, however, that “it is not a PolyGram issue at all. This is a Ghetto Ruff and Sony issue,”he said. “Ghetto Ruff only has a distribution deal with PolyGram. It is not affiliated.” Ghetto Ruff’s shareholders are Stehr and Prophets of da City.
Sony denies it ever tried to poach Skeem from Ghetto Ruff, saying that Skeem approached Sony about a deal. Sony also claims that Skeem expressed unhappiness with their situation at Ghetto Ruff. Individual affadavits from each member of Skeem paint a different picture, however, and two very different sides of the story will be presented in court, should a settlement not be reached.
Also at issue is a sum of R40 000 – R10 000 was paid to each member of Skeem upon signing their contract with Sony.
Skeem’s representative, backed by statements from the band, paints a scenario in which the band were taken through the 40-page contract within an hour by Sony’s legal representative. Skeem say they were told that he would look after their legal matters and that was all they needed. Sony denies this vehemently, insisting that they clearly recommended that the band seek independent legal counsel.
Skeem say they spent the night poring over the as-yet-unsigned contract with a dictionary to try and make sense of it. They were too afraid to approach Stehr and tell him they were leaving Ghetto Ruff. Sony says the contract was explained clearly and Skeem were given ample time to ask any questions they desired.
The next day Skeem returned to Sony headquarters and, after having had a chance to discuss the contract, were led to a room where champagne was laid on, the cheques were brought in and put on a table and a meal of chicken ordered from a nearby restaurant. They signed the contract.
Stehr claims to have attempted to gain access to the building and the room while this was taking place, but was told that Skeem were not present; and Sony had no interest in signing the band. Sony denies blocking Stehr’s access or lying to him. Sony adds that it was the band who requested advances and that is why the R40 000 was made available.
What is clear is that Skeem were in need of the money and, having spent it, they now seem to be struggling to pay it back. Their representative says that bigger issues are at stake; that Ghetto Ruff has been damaged and that it is time for the industry to modify its contracts and provide adequate and fair legal advice.
After signing the Sony contract, Skeem were cautioned that they may have signed a contract unfavourable to them. They approached Musa, the Musicians Union of South Africa, and others, including Stehr, and became convinced that this was the case.
For Musa, that is the bottom line in this case: that contracts being offered musicians are a throwback to apartheid bureaucracy and need to be modified, that “the bargaining positions of the parties are undeniably unequal”.
Even so, Musa will not back either side:a court of law must decide. While both parties in the case have repeatedly claimed to want to bring the matter to a peaceful close, what will ultimately be contested – should the matter go to court – is the fairness and validity of the kind of contracts being offered our musicians.