Bev risk being fined $700 or being jailed for up to 2 years

DANCE groups in Zimbabwe risk being fined $700 or alternatively being jailed for up to two years after it emerged that they are performing without licences.

According to Zimbabwe Music Rights Association (Zimura), groups caught performing without licences are liable to a fine of $700 per gig.

The licence is granted by the association for a moderate annual charge which enables the holders to comply with the provisions of the Copyright Act. These licences authorise the public performance, broadcasting or diffusion by wire of any or all of the millions of works which the association controls on behalf of its members and members of affiliated societies throughout the world.

In certain cases, licences are issued for the use of specific works for one performance or a short series of performances.

Despite the licence fee being $50 for the whole year, Zimura southern region manager Clarence Garura said groups such as Iyasa, Umkhathi, Siyaya, Simunye Simunye, Girls la Musica, Bev and the Sexy Angels, Zoey and the Red Angels were among those who had not paid subscriptions for their licences to Zimura.

"Only Ziyawa and Afro Queens have made part payments but others have not paid. This means these dance groups are operating illegally and risk being jailed, fined or both," said Garura.

He said  they will soon raid nightspots to weed out groups that are not complying with the laws on music rights.

"We shall be embarking on a raid in the near future of nightspots which are also supposed to pay fees ranging from $150 to $300.

"Their DJs should also pay a certain amount to operate there. This is because fees for nightspots depend on the size of the premises, seating capacity and number of employees," said Garura.

According to Garura, unlicensed dance groups were contravening the Copyright and Neighbouring Rights Act chapter 26:05.

"The groups would have contravened section 59(2) as read with subsection 5 which states that a person who is found guilty of contravening the section is liable to a fine not exceeding level 10 or imprisonment for a period not exceeding two years or both," said Garura.

He said after noticing that groups were not forthcoming last year, they reduced the licence fees to encourage them to pay up.

"Dance groups average five to 10 group members and they get paid $150 to $250  per show so we decided to reduce the fees to a reasonable amount.

"Last year we reduced the groups fees to just $50 a year but the groups are not forthcoming" said Garura.

Most dance groups interviewed however professed ignorance over the issue.

Bev and the Sexy Angels manager who is also the chairman of the Dancers Association of Zimbabwe, Harpers Maphimhidze said the issue of Zimura licences was new to him.

"I am hearing this for the first time. We haven't been approached by anyone over the issue. If they come to us with official documents that show which laws we are breeching, then we are going to pay without any problem" he said.

Globetrotting dance group Iyasa were also in the dark over the issue. But interestingly, after this reporter phoned them, Zimura southern region manager Garura texted the reporter and said he had received a call from his office and was told that Iyasa had just paid their fees.

A member of Simunye Simunye, Larrington Mudare. said they were not aware of Zimura licences.

"We know nothing about that and l will make a follow up," he said.

Asked why dance groups were not aware that they should pay for licences, Garura said the groups were not telling the truth.

He said officials from his office held meetings with the groups last year to explain the issue of licences.

"We called a meeting to explain the issue of licences in October last year and more than 70 DJs, dance group representatives as well as the police attended," said Garura.