Published by the government of Zimbabwe
Trust Khosa
6 June 2009
Harare — HOSIAH Chipanga has accused the Record and Tape Promotion bosses of being "heartless" after they moved to have his latest album, Hero Shoko withdrawn from the market.
Chipanga recorded the album at the newly formed Last Power Media, ending a lengthy marriage with RTP, who closed for business last year but are coming back under new management.
RTP are arguing that Chipanga, with Daiton Somanje, is still bound by contractual obligations to record with them and should not have recorded Hero Shoko at Last Power Media.
But Chipanga says he does not have a contract with RTP and is challenging them to produce a copy to prove their case, failure of which he will continue recording with Last Power Media.
RTP closed shop almost a year ago and vacated their premises, now occupied by Last Power Media.
The new-look RTP operate from premises previously occupied by Shed Studio in Msasa.
After a year of "hardship", Chipanga says he was a relieved man when he joined Last Power Media last month. He needed just one day in the studio, so keen was he to work on his album.
But just a few days after the record hit the market, lawyers representing the revived RTP wrote to the management at Last Power Media, warning them: stop working with Chipanga and Daiton - or else.
RTP's lawyers Antonio Mlotshwa & Co Legal Practitioners wrote to Last Power Media this week repeating the warning: producing work by Chipanga and Daiton was in breach of RTP's intellectual property rights.
"We are advised that you have despite our client's protest proceeded to record two albums of their work; Daiton Somanje's Haisi Nyaya and Hosiah Chuipanga's Hero Shoko.
"This conduct is unlawful apart from being (in) flagrant breach of our client's intellectual property rights.
"We are hereby, by notice of this letter, advising you (to) refrain, desist and stop the recording, production or/and distribution of our client's works.
"Should you continue with your actions, we will have no option but to make an Urgent High Chamber application to stop your illegal conduct," the letter reads in part.
This week, Last Power Media were unmoved, arguing Chipanga and Daiton were free agents when they joined their studio last month.
Stewart Nyamushaya of Mantsebo & Company, legal practitioners wrote back to RTP, on behalf of Last Power Media, advising them that they were prepared to fight all the way.
"...Further one Mr Julian Borcherds also confirmed before the artistes were signed by our clients that the said artistes had NO running contracts with RTP.
"Note that Mr Julian Borchards is/was a director at RTP. Our clients (Last Power Media) are also requesting copies of the contracts as the artistes do not have them, so that we go through them.
"Further, we are also of the view that the said RTP company is being unfair to the artistes. The company closed shop sometime in June 2008, and the artistes never recorded and further they never received their royalties.
"As alluded to above, the said artistes had a right to record with any company of their choice after cancelling the contracts and your client (RTP) also failed to honour as per the contracts, hence the cancellation.
"Thus our client (Last Power Media) has not committed any breach of any party's intellectual property, and an application to interdict them from distributing products already on the market shall be opposed vigorously," reads part of the response by Nyamushaya.
Meanwhile, Chipanga is accusing RTP bosses of "persecution" and trying to "reap" where they did not sow.
The 56-year-old musician insists that his contract at RTP has long expired while the stable deserted him together with other artistes when they closed shop.
"I am really disturbed by these guys who are trying block our move to Last Power (Media) while in actual fact our contract with them has long expired.
"Last year, they closed shop and abandoned us and now they claim they own us when we have moved on.
"We have been patient for sometime but we need to move on now, because music is the only source of livelihood we have.
"Vanhu ava vari kutondinyudza manje (These people want to
drown me) because they don't want to see us moving on," said a sobbing Chipanga. "Where were they when we failed to record last year?
"Where were they when things were tough for us last year? In short, I am the goose that lays the golden eggs and no one owns me because they deserted us when we needed them most."
The talented musician said it was disturbing that he had needed well-wishers to keep him going while there was no help from RTP, yet they are quick to try and block his album, which is his main source of income.
Chipanga disclosed he had to vacate a full-house he was renting in Chitungwiza as he could no longer afford it.
"Where was RTP? It's public information that I nearly died of cholera at my home in Chitungwiza. If the RTP people really loved me, they could have come to my rescue.
"Zvino kana vachidai, vanoda kuti ndiite semhiripipi inooma nevana vayo mudumbu here? (If they behave like this, then they are like pepper which dries with its children in the womb" he asked.
Chipanga says it would be better if the Government owned artistes, instead of individuals ripping them off.
"If all the studios were run by Government, I don't think we could have been suffering like this," he said. "I am appealing to relevant authorities, the President included, to come to our rescue because we have really fallen victim to abuse.
"I feel it's better to be owned by the State. I feel it's also better to have State studios because individuals are really abusing us."
Meanwhile, Chipanga said he was impressed with the reception of his 20th album - Hero Shoko.
"If I may tell you the truth, I have managed to convince people that I still have what it takes to make it to the stars," he said. "As for those that thought that Chipanga was finished, this album will certainly prove a point that we are still as good as before."
The celebrated wordsmith took time to explain some of the sub-themes in his latest album.
In the opening track Nhunzi Nechironda, Chipanga urges societies to permanently seek solutions to the challenges they face daily.
He sings against the scrapping of the Zimbabwe dollar following the dollarisation of the economy in the track Michero Mudenga.
He also feels that the rich are getting richer while the poor are getting poorer because of dollarisation.
The social evangelist feels there is need for "national cleansing" to ease some of the problems the country is facing, in the track Zvaita Nyika.
Chipanga also claimed to have had a spiritual conversation with the late Vice- President Joshua Nkomo and they dwealt on some people who "should have been buried at the National Heroes Acre".
Tichagara Sei and Upenyu Mugwagwa are two more tracks that make up the album, produced by veteran sound engineer, Bothwell Nyamhondera.
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