Venda community takes Viacom Africa's Comedy Central to court demanding R20 million over footage of a musangwe fight allegedly aired with permission, and accompanied by alleged derogatory and humiliating remarks.

A general image of a musangwe fight

The Venda community through a local chief is taking Viacom Africa's Comedy Central (DStv 122) and MultiChoice to court demanding R20 million in damages over what it claims is the alleged unauthorised use of footage of a musangwe fight and the alleged derogatory and humiliating remarks that accompanied it in the Tosh.0 show that it was broadcast in.

Last year Comedy Central broadcast an episode of the satirical show Tosh.0 from comedian Daniel Tosh showing a musangwe or Venda bare-knucle fight in which one of the fighters is knocked unconscious and then revived when a local healer massages his penis to help him regain consciousness.

Daniel Tosh's alleged "humorous" voice-over in Tosh.0 of "It's Africa, where tribal boxing is just how they pass the time at lunch, since there's no food. They must be checking him for blood diamonds. Thanks for the filthy water, now he's got brain damage and malaria. No wonder the Aids is doing well over there," is what triggered the lawsuit, as well as the broadcast of the footage without the show and Comedy Central allegedly getting prior permission to do so.

Chief Lavhelesani Ronald Makuya and David Phume, a musangwe producer, have filed papers in the North Gauteng High Court in Pretoria on 15 December 2017 saying that the footage shown on Tosh.0 on Comedy Central in Africa contended, implied, insinuated and represented that Venda customs and traditions were dishonourable, disreputable and that the Venda people were of low character.

They're also arguing that Viacom and Comedy Central infringed on copyright and allegedly failed to seek prior permission to air the fight footage, in addition to degrading and humiliating the Venda community's customs and traditions.

Comedy Central Africa in response to a media enquiry about the court case tells TVwithThinus that "Comedy Central is aware of the filing of court papers in relation to the Tosh.0 clip that aired in January 2017. We are in the process of responding while we follow the due legal process".