South African Broadcasting Corporation v Pollecutt (98/94) [1995] ZASCA 112; 1996 (1) SA 546 (SCA); (21 September 1995)

South African Broadcasting Corporation v Pollecutt (98/94) [1995] ZASCA 112; 1996 (1) SA 546 (SCA); (21 September 1995)

The Supreme Court of Appeal held that the consent agreement between the respondent and the SABC was a binding contract that imposed a clear obligation on the SABC to pay royalties to the respondent for the marketing and distribution of sound recordings derived from the Shaka Zulu production. The respondent retained performer's rights under the Performers' Protection Act, and the agreement was not void due to any common mistaken assumption regarding ownership of rights. The court found that the respondent had fulfilled his contractual duty by granting consent, and the exceptio non adimpleti contractus defence was unfounded. The SABC's arguments based on statutory interpretation and alleged...

Citation
[1995] ZASCA 112
Parties
Appellant: South African Broadcasting Corporation; Respondent: David George Pollecutt
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
21 September 1995
Case Number
98/94
Procedural Posture
Civil Appeal / Appeal From the Witwatersrand Local Division After Leave Granted by Petition; Appeal Against Orders of 4 August and 6 August 1992.
Outcome
Appeal dismissed with costs.
Judges
Corbett, E M Grosskopf, F H Grosskopf, Harms, Scott
Legal Topics
Performers Protection Act, Sound Recording Rights, Royalty Agreements, Contractual Liability, Copyright in Music, Exceptio Non Adimpleti Contractus
Intellectual Property Commercial and Corporate Performers Protection Act Sound Recording Rights Royalty Agreements Contractual Liability Copyright in Music Exceptio Non Adimpleti Contractus

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Parties

South African Broadcasting Corporation

Appellant

David George Pollecutt

Respondent

Procedural Posture

Civil Appeal / Appeal From the Witwatersrand Local Division After Leave Granted by Petition; Appeal Against Orders of 4 August and 6 August 1992.

Legal Issues

  1. 1 Whether the respondent was contractually entitled to royalties from the SABC under the consent agreement for the marketing and distribution of sound recordings from Shaka Zulu.
  2. 2 Whether the respondent possessed residual performer's rights capable of being licensed to the SABC.
  3. 3 Whether the consent agreement was void due to a failure of a common assumption regarding ownership of performer's rights.

Ratio Decidendi

The Supreme Court of Appeal held that the consent agreement between the respondent and the SABC was a binding contract that imposed a clear obligation on the SABC to pay royalties to the respondent for the marketing and distribution of sound recordings derived from the Shaka Zulu production. The respondent retained performer's rights under the Performers' Protection Act, and the agreement was not void due to any common mistaken assumption regarding ownership of rights. The court found that the respondent had fulfilled his contractual duty by granting consent, and the exceptio non adimpleti contractus defence was unfounded. The SABC's arguments based on statutory interpretation and alleged...

Court Disposition

Appeal dismissed with costs.

Orders

  • The appeal is dismissed with costs.
  • The costs order remains on the scale of party and party as ordered by the trial court.