PF approached me to produce, promote and develop campaign songs – Kalandanya
By Mwaka Ndawa
PF acting secretary general Nixon Chilangwa says Kalandanya Music Promotions produced the party’s campaign songs and political adverts which depicted its lordly behaviour prior to last year’s elections out of generosity as it was not contracted to do so.
He said the record label was attempting to force the party into contractual obligations that were not countable owing to the fact that the PF had lost elections.
“The claim is alien to the party as the PF never agreed to any transactions with Kalandanya Music Promotions for an astonishing amount of K13,500,000,” Chilangwa said.
This is in a matter where businessman Bwalya Kalandanya has sued the Patriotic Front in the Lusaka High Court demanding K13.5 million owed to him for the campaign songs which were produced by the remote choir prior to the 2021 general elections.
Kalandanya is demanding damages for breach of contract which was signed between the former ruling party and his record label Kalandanya Music Promotions which advocated for former president Edgar Lungu’s return to power through one of their hit songs, ‘Alebwelelapo’.
In his statement of claim, Kalandanya who cited Chilangwa as the respondent, stated that between April and May, 2021 he was approached by the PF to produce, promote and develop campaign songs, political adverts which it would use during the campaign period.
He said on June 12, 2021 the two parties entered into a written agreement for the provision of music production services and facilities not limited to recording, studio hiring, mastering, marketing, promoting and remixing of campaign songs.
Kalandanya stated that under the agreement, the PF committed to paying K13,500,000 for the campaign songs and adverts which boosted their insolent attitude for superiority.
“The agreement in question officially ran between June,12 and August 10, 2021 which was during the official 2021 General Elections campaign period as prescribed by the Electoral Commission of Zambia (ECZ),” he said. “It was an implied term of the parties’ agreement that full payment would be made by the defendant to the Plaintiff during the term of the agreement or immediately after the determination of the agreement. Alternatively, it was an implied term of the agreement that full payment would be made within a reasonable time (for example, within a month) after the conclusion of the agreement on August 10, 2021.”
Kalandanya said in pursuance of the parties’ agreement to propagate the PF’s perpetuity in government, he assigned the mass choir comprising famous artists such as Macky II, Mampi, Yo Maps, JK among others signed under his record label to record, produce, market over 70 songs and music videos during the campaign period, which included Dununa nafuti, Soli (Alebwelelapo pamupando) Mukese na mazembe and so on.
“The Plaintiff’s artists were additionally used to perform at various political rallies for the PF which included virtual rallies, roadshows and campaigns during the contractual period,” Kalandanya said.
He lamented that the PF had not paid a dime towards the agreed sum which remained outstanding to date.
But in his defence, Chilangwa said all transactions of the political party are submitted and approved by the central committee and not the national chairman.
He explained that the party national chairman had no capacity to engage or enter into any contract or transaction on behalf of the PF as that authority rested on the secretary general with the approval of the party central committee, therefore the alleged contract was invalid.
Chilangwa said several institutions submitted campaign songs for the PF to promote the party’s agenda during the campaign period.
“The defendant did not agree to any implied terms with the alleged contract claimed by the plaintiff. As far as the defendant is concerned, the plaintiff was aware of the campaign songs and that the production of such will not produce any economic benefit,” Chilangwa said. “The songs referred to in the statement of claim were recorded at the instance of the plaintiff and not the PF. The defendant did not request or engage in the production of the said campaign songs as the same was done by Kalandanya at his own volition.”
Chilangwa said the remote choir performed at rallies, campaigns and roadshows in support of the party and were not promised any payment.
“The PF has not failed to honour the contract or implied term as the same was never agreed by the parties. The defendant received a demand letter on behalf of the plaintiff but the same was being investigated as the Central Committee of the party and the national chairman are not aware of any such agreement,” said Chilangwa.