Dr Musa Mthombeni is demanding R800 000 from SANBS – Report

City Press reports that TV personality Dr Musa Mthombeni is demanding R800 000 from the SA National Blood Service (SANBS) for allegedly using his images in a social media campaign after the stipulated period in his agreement with the entity had expired.

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DR MUSA MTHOMBENI CAMPAIGN

Sources close to the upcoming legal battle revealed to the publication that Dr Musa Mthombeni and the SANBS failed to reach an agreement regarding the SANBS’ alleged contractual breach in its Iron is Here campaign, where the medical doctor was promoting blood donation drive.

Two sources also revealed to City Press that the deal was clinched for August and October 2021 and was facilitated by Vibe Experiential Agency.

According to the contract, Mthombeni was reportedly paid R40 000 for the stipulated period, with 50% influencer deposit paid after signing the contract. He reportedly posted three Instagram posts, three re-shares on the same social media platform, three tweets and two chats on Twitter spaces.

His posts on social media read: “Please donate blood. To donate blood, one needs to lead a healthy lifestyle. Leading a healthy lifestyle means donating more regularly. Your iron stores may run low as you donate. The SANBS now has a free test that determines whether you need iron supplements. After ferritin testing, if needed, you can/will receive iron supplements free of charge. This allows you to return and donate blood regularly.”

The contract reportedly stated: “It is expected that you will use your best endeavours to promote the interests, business, welfare and reputation of the company. This contract is valid on a three-month campaign basis and is subject to terminate at the end of October 2021, and/or at the discretion of Vibe Experiential Agency and its directors, as well as the SA National Blood Service,” read the contract.

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SANBS BREACHED CONTRACT?

The South African National Blood Service (SANBS) are accused of misappropriating Dr Musa Mthombeni’s ‘celebrity status.

A source revealed: “The breach occurred when the SANBS used Mthombeni in social media from December 2021 to May 2022, which was a transgression of the promotion contract. He didn’t want to be associated with the campaign beyond the agreed dates.”

The source added that Mthombeni regarded the alleged breach as an unlawful intrusion for commercial purposes and this was a direct infringement of his rights and a misappropriation of his name and celebrity status. It was also a violation of his personality rights.

Mthombeni declined to comment on the matter when he was contacted by City Press and referred the publication to his lawyer, Modise Sefume, who only said:

“Save to confirm that I am Dr Mthombeni’s lawyer and that your sources would do well not to make their identity so obvious, I have no further comment at this stage,” he said.

SANBS regional marketing manager Simphiwe Cele was not available for a comment at the time of publishing this article.

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