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Prophet to settle Bev's $25,000 debt

by Mtandazo Dube
09 Feb 2014 at 08:57hrs | Views
Pastor Walter Magaya's Prophetic Healing and Deliverance Ministries (PHD) could pay upwards of $25 000 to buy recent convert Beverly "Bev" Sibanda out of a contract with a local record company.
PHD ministries avoided a potentially nasty legal battle between Bev and the record label, Discovery Records, after the church agreed to meet the owners of the company and discuss ways to settle the matter. A tiff emerged between Bev and the record label soon after the artiste's popular "deliverance" by Prophet Magaya last month and her subsequent announcement that she would stop conducting performances in night clubs and any other non-gospel shows. The record label has links with several night clubs where the former raunchy dancer was contracted but has since breached all the contracts.
Discovery Records last year entered into a contract with Bev whereby the company undertook to turn Bev into a fully-fledged musician by helping her record an album and professionalise her outfit, Sexy Angels. As part of the agreement, the record label sought the services of renowned South African musician Freddy Gwala, award-winning Botswana-based music producer Dr Tawanda, experienced chanter Shiga Shiga (real name Gift Katulika) and several song writers. The record company met all the expenses including airfares, accommodation, consultancy fees, recording fees, production of CDs, costume, rehearsal time and meals, among a host of other bills. Gwala, who made two trips to Harare, staying for up to a month at a time, for recordings and the mentorship programme, had all his expenses taken care of by Discovery Records while Dr Tawanda made countless trips to and from Botswana working on Beverly's album and act.
Beverly, who also went for voice training and enjoyed the services of a choreographer, simply took over a product created by the elite team assembled by the record label. The album went on to do well on the airwaves.
According to the contract that was signed by Bev on July 15, a copy of which is in possession of The Sunday Mail, the record label would get a return on its investment over a period of five years. But now with Bev no longer performing after being wooed by Prophet Magaya, the record label is feeling the pinch as the investment they made in the production of the album, its promotion and sprucing up of the artiste's image could go down the drain. When contacted for comment, Mr Oscar Pambuka, the spokesperson for PHD Ministries, said the church was ready to meet with Discovery Records over the issue. "Sister Beverly communicated to us concerning her predicament over some running contracts she has with some promoters and we assured her that we are going to help," said Mr Pambuka. The spokesperson also said that Bev as a new convert was in danger of backsliding if the church does not support her adequately, thus they will do everything in their power to support her. "She has made it clear to us that she is no longer interested in dancing but she had other commitments before the prophet was instructed by God to get her out of strip dancing and night clubs. We can't just leave her, she needs us and as a church we will stand by her during these trying times. "The way to redemption is never easy. If you know your Bible well you will realise that even Jesus Christ had many hurdles put before him, but he overcame them. "Sister Bev will overcome this," said Pambuka. 
However, to be free from her contract Bev will need to invoke a clause in the agreement which allows her to buy herself out.
The clause in the contract reads, "At any time during the term of this agreement or thereafter, at the artiste's option, the artiste may purchase all rights assigned and/or granted to the company hereunder or resulting to company here-from (including rights of copyright to any and all of the songs) for the total sum of $25 000 plus . . ." Discovery Records corporate communications director Charles Terrell said: "Everything we agreed upon just over six months ago has been rendered useless, leaving us with a huge loss because we invested heavily in the artiste. "We have been trying to get in touch with the artiste and her former management team, but we are now being referred to some people at PHD Ministries. However, we are glad that they have agreed to meet with us and discuss the issue amicably." Upon signing the contract, Bev "assigned to the company all of the artiste's rights, title, and interest in and to the following property (songs, artiste's performance of the songs contained in the recording and title of the recording), for distribution and commercial distribution to the world."
On top of Bev ceding exclusive rights of her album "Tapinda" to Discovery Records, she also agreed that throughout the term of the agreement she would appear at two weekend performances per month to promote the  distribution of the recordings. Last month Bev, who has in the past few years taken the entertainment industry by storm, was offered a way out of her "dirty dancing" profession by Prophet Magaya who claimed to have been instructed by God to do so. However, many people remain sceptical that the dancer, who is no stranger to controversy, has indeed changed her ways.

Source - Sunday Mail