Renowned television personality and medical doctor, Musa Mthombeni, is reportedly seeking compensation of R800 000 from the SA National Blood Service (SANBS) for alleged unauthorised use of his images in a social media campaign.
Why is Musa Mthombeni suing SANBS?
As reported by City Press, Mthombeni claims that the SANBS exceeded the agreed-upon period specified in their contract, prompting him to take legal action.
Sources familiar with the impending legal battle have disclosed that the parties involved were unable to reach a consensus regarding the alleged contractual breach by the SANBS.
The disputed campaign, known as Iron is Here, involved Mthombeni promoting a blood donation drive.
According to insiders, the agreement, facilitated by Vibe Experiential Agency, was initially scheduled for August and October 2021. However, the breach occurred when the SANBS continued to utilise Mthombeni’s images on social media from December 2021 to May 2022, extending beyond the agreed-upon dates. Mthombeni expressed his disapproval of being associated with the campaign beyond the specified period, considering it an unlawful commercial intrusion.
Sources close to the matter emphasised that Mthombeni perceives the SANBS’s actions as a violation of his rights and a misappropriation of his name and celebrity status. They further claim that it infringed upon his personality rights, exacerbating the situation.
In response, Mthombeni’s legal team sent a letter of demand to both the SANBS and Vibe Experiential Agency. The contract terms outlined that Mthombeni was to make three Instagram posts, three re-shares on the same platform, three tweets, and engage in two chats on Twitter spaces.
For his involvement during the agreed-upon period, Mthombeni received a payment of R40 000, with a 50% influencer deposit made upon signing the agreement.
The contract explicitly stated that Mthombeni was expected to promote the interests, business, welfare, and reputation of the company to the best of his abilities.
The agreement was valid for a three-month campaign, scheduled to terminate at the end of October 2021 or at the discretion of Vibe Experiential Agency, its directors, and the SA National Blood Service.
Neither Mthombeni nor the South African blood bank had responded to queries for comment when this article was published.