Ferguson Films responds after Vatiswa Ndara's open letter: Says the production company doesn't get money for repeats or licensing deals and that 'we're pretty much in the same boat as the artist'.

Following a scathing open letter by actress Vatiswa Ndara revealing alleged worker exploitation by Ferguson Films and "contributing to a rotten system" where she used to appear in two seasons of its iGazi produced drama series for MultiChoice's Mzansi Magic (DStv 161) channel, Ferguson Films now says her allegations "paints a false picture".

Ferguson Films said that the production company "does not reap the financial benefits through repeat broadcasts, licensing deals and repackaging of the show" and that Ferguson Films is "pretty much in the same boat as the artist".

On Wednesday Ferguson Films, owned and managed by the actor-producer couple Connie and Shona Ferguson, released a statement through their attorney Brendan de Kooker, saying that "As actors ourselves and producers we are aware of the challenges facing the entertainment industry".

"We support 100% a need for the industry to be regulated and for the Performance Protection Amendment Bill to be signed sooner rather than later. With that said, the allegations made by various actors do not reflect the true position of the industry and paints a false picture, that may mislead the public."

"We attempted to negotiate with the actress and her agent in good faith and within the scope of the applicable production agreement, however the agent subsequently recused himself from the negotiations," Ferguson Films said.

"Thereafter we dealt with her manager.  They made it very clear that Vatiswa Ndara would not accept anything less than R700 000 for the 5-week shoot. She absolutely had every right to decline our offer, which she did, and we on the other hand as we could not meet her financial demand, due to contractual restraints, had every right to move on amicably, which we tried to do."

Ferguson Films said that "Just like actors the production company is not guaranteed work, whether the show is performing or not. We do not own the shows we produce under commission, and therefore have no right or say in what happens with shows post final delivery to the broadcaster."

Ferguson Films was not the production company in question in relation to the sad passing of Vatiswa Ndara's mother and her having to resume work shortly after. Conveniently, Vatiswa Ndara neglects to mention this fact therefore insinuating it was Ferguson Films."

"Shona and Connie Ferguson have other business interests apart from their production company and do not owe anyone an explanation as to how they manage their finances and lifestyle. The jab from Vatiswa Ndara is petty, unnecessary and uncalled for."

"Producers are held 100% accountable by the broadcaster as to how a production budget is utilized. It needs to be clear that these funds do not belong to the producer."

"The producer is merely a middleman between broadcaster, artist and crew. The producer is held accountable for every single line item on the production budget. What is due to the producer is the production markup at the end of the production and on final delivery."

The allegations towards Ferguson Films are consequently misguided, misdirected and misleading and can be seen as a ploy to defame and tarnish our name and reputation."

"There have been other slanderous and false allegations made by Dieketseng Mphuti [an actress who appeared on The Throne produced by Ferguson Films] and Katlego Malele [a crew member who worked on The Throne] which are being addressed separately by our legal team."

"Ferguson Films prides itself in producing quality shows, providing much needed employment to new and old talent and contributing to the growth of the industry. We will remain steadfast in our endeavour to treat everyone who works with us fairly and with the utmost respect".


ALSO READ: Actress Vatiswa Ndara quits Mzansi Magic's iGazi and slams Ferguson Films over alleged exploitation and 'contributing to a rotten system'; says artists are not valued and calls for bigger industry practice oversight.

Actress Vatiswa Ndara quits Mzansi Magic's iGazi and slams Ferguson Films over alleged exploitation and 'contributing to a rotten system'; says artists are not valued and calls for bigger industry practice oversight.

The actress Vatiswa Ndara in a scathing open letter to the South African public and local TV industry is explaining why she quit the highly-rated show on MultiChoice's Mzansi Magic (DStv 161), slamming producers Ferguson Films over alleged exploitation and "contributing to a rotten system" and saying on-screen talent are not valued properly.

She revealed how she was already prepared to quit before the second season but stayed on despite very little money from Ferguson Films.

The producer-actor couple Connie and Shona Ferguson are bunkering down and don't want to speak, with no statement from the Fergusons. Ferguson Films are now considering legal action against Vatiswa Ndara.

"We are considering legal action against the author of the letter and we are not going to answer any further questions at this time," says Brendan de Kooker from De Kooker Attorneys.

TVwithThinus asked Mzansi Magic for comment on Monday from the channel's side but the M-Net packaged channel didn't respond with a statement.

TVwithThinus also asked the department of sports, arts and culture for comment

Asanda Magaqa, spokesperson for the minister of sports, arts & culture on Tuesday evening said that Nathi Mthehtwa has now spoken to Vatiswa Ndara.

"This afternoon he has reached out and personally made contact with her and they have spoken at length, including thanking her for her courage in speaking out and petitioning him directly and revealing what she has shared."

Joe Heshu, MultiChoice group executive for corporate affairs, in response to a media enquiry told TVwithThinus that "MultiChoice Group has noted the open letter penned by Vatiswa Ndara to the minister regarding remuneration and the rights of performing artists". 

 "As part of this effort, we are mindful to ensure that we encourage production houses to be fair and equitable in their contractual arrangements with both on-air and behind camera talent. We will engage with the production house in question."

Vatiswa Ndara revealed in a 6-page open letter in which she addressed Nathi Mthethwa, South Africa's minister of sports, arts and culture, that she decided to quit iGazi and won't be back for the third season that will start filming between 8 October and 9 November.

GOOD MORNING 🙋🏽‍♀ 🇿🇦

AN OPEN LETTER TO MINISTER OF SPORTS, ARTS & CULTURE @NathiMthethwaSA + @asandamagaqa#actor #acting #actorslivesmatter#DiaryOfAMadFrustratedActor#StopExploitingActors#TheShowMustGoOn#IAmAnActorSA#SouthAfrica pic.twitter.com/o2auq7FckZ

— Vatiswa Ndara (@theVati_Can) October 7, 2019

In her open letter Vatiswa Ndara revealed some of the contractual agreements she would have had to agree to for a third season of iGazi and that Ferguson Films said that it "would like to offer Vatiswa a global contract for iGazi 3 at R110,000 (before tax) for the duration of the shoot (five weeks).  No limit to calls, first call exclusive to us".

Vatiswa Ndara listed the problems with Ferguson Films' contract, saying "1.The payment was yet to be taxed; 2. Actors are not able to seek further employment until the contract was completed; 3. Non-compensation for work-related activities, such as  wardrobe fittings, make-up, public relations and media interviews; and 4. Limitless calls - actors can be on set from Monday to Saturday, sometimes for up to 12 hours a day".

She said that "5. Up to 18 scenes could be shot in one day" that she would "only get R82 500 after tax while the channel and production houses would get financial remuneration for repeat broadcasts, licensing deals and repackaging of  the show" and that "This particular interaction with Ferguson Films has not only made me evaluate my own being and sustenance within the industry".

Vatiswa Ndara said she desperately wants actors contractual agreements and expectations to be reviewed, and for there to be an improvement of remuneration for their services, for the power of producers to be reviewed, and for an avenue for producers to held accountable with regards to residual payments and repeat-payments for reruns of shows.

Vatiswa Ndara asked Nathi Mthethwa to address the bullying and intimidation within the TV and film industry once artists raise concerns about problems. She also asked for the establishment of an independent regulatory body to monitor the industry.

According to Vatiswa Ndara, codes of conduct in relation to the health, safety and well being of actors needed to be established.

In a radio interview with 702 Vatiswa Ndara said that Ferguson Films "are contributing to a rotten system that had already existed".

"We were offered even less for season two, I almost walked away," she said. "I remember Shona Ferguson calling me telling me there is no budget and offered me R5 000 per call. These are rates of more than 15 years ago. I took it because sometimes we think with our stomachs and the desperation of the situation at the time."

"We want transparency," said Vatiswa Ndara. "I'm upset with myself as well that I've allowed this to happen for so long, hoping that the next gig is going to be better, the next gig is going to be better. It's getting worse."

Vatiswa Ndara told Newzroom Afrika (DStv 405) "We're supposed to be able to live and provide for our families. So, if it's not working then why don't we shut it down?"

"If it's not something that can sustain us, or that maybe is useless, then maybe we should consider shutting the industry down if it's not going to give people economic freedom."

"It would be lovely if the minister could set up an inquiry to see how these contracts are awarded, what is the procedure, can they investigate the monies that was supposed to be paid to the people - if they really got to the people that they were meant for. And if that didn't happen, people must get their backpay."

"Everybody, even crew, suffer on these sets. Here the cost-cutting measures are so dangerous they could be life-threatening and even cost people's lives because no-one cares. No-one cares how that female gets back to her place in Soweto at 1 o'clock in the morning. She doesn't have transport."


Ex-crew member on The Queen alleges sexual harassment on set
Following Vatiswa Ndara's open letter, a crew member who worked on The Queen, also a show produced by Ferguson Films, on Tuesday on Twitter, came forward and alleged sexual harassment on set that apparently made it unbearable to work there.

"My name is Katlego Malele. I was part of the crew shooting The Queen. The director of photography wanted to sleep with me and I refused. That's when things started going sideways for me. I ended up hating my job and myself,  even got depressed until I decided to quit."

Black TV producer Shona Ferguson slams South Africa's TV industry; says 'you are disrespected'; 'white producers are never disrespected by black folks'.

The successful black TV producer Shona Ferguson has slammed South Africa's TV and film industry, saying black producers are "disrespected and ill-treated for doing good" and that "white producers are never disrespected by black folks".

It's not clear what prompted the actor-producer's statement on Friday evening on social media.

Shona Ferguson's public lashing over the perceived disrespect that black TV producers endure, however comes exactly a day after all of the highly rated productions from Ferguson Films were completely snubbed by the 11th South African Film and Television Awards (Saftas) that's set to take place in March at Sun City.

The 2017 Saftas is once again being embroiled in a boycott by South African TV producers who slammed the awards show organised by the National Film and Video Foundation (NFVF) for its apparent lack of transparency and problems with the judging process.

In addition, a very glaring snub is Ferguson Films whose top shows like The Queen, Rockville and Igazi on Mzansi Magic (DStv 161) were all shut out.

While The Queen, Rockville and Igazi as premium locally produced programming draw huge ratings for MultiChoice's DStv satellite pay-TV platform on the M-Net packaged channel - meaning they are shows that viewers love and watch in droves - none of these series, its crews or casts are included for any recognition this year in any of the nominee categories at the 2017 Saftas. 

In a series of tweets on Friday evening, with no indication as to why he's saying so, Shona Ferguson who co-own Ferguson Films with his actress-producer wife Connie Ferguson, highlighted race issues in South Africa's TV and film industry and perceived ill-treatment.

"Don't focus on the flash and think it's been an easy ride. In fact it gets harder every day. Being a black producer is not easy," said Shona Ferguson.

"You are disrespected and ill-treated for doing good, creating jobs and giving people opportunities to do what they love and earn a living.

"You work hard to contribute to the industry and grow it, but it's the very people that you give these opportunities to that spit in your face. White producers are never disrespected by black folks. It's sad that it's our brothers and sisters who wish you ill because you are doing well."

"It's about the work. Connie and I, through Ferguson Films, have been delivering A+, because we work hard. We love and appreciate what we do."

"We are very grateful. We are not asking for special treatment. All I ask is you give us the same respect you give the white producers."

"This is a very small industry. Be careful how you treat people and how you behave. When you are out of work tomorrow, just know it's all on you," said Shona Ferguson, adding that "I just want to make great TV and films".

Connie Ferguson is the queen in Mzansi Magic's new telenovela, The Queen, produced by Ferguson Films, that will 'strip bare the rich's insatiable lust for power''.

Connie Ferguson is proving why she's the queen of South African television; the soap star turned TV producer will appear next in her second role and producer credit in Mzansi Magic's The Queen from August.

The Queen, a new telenovela from Ferguson Films starting on 1 August on Mzansi Magic (DStv 161) at 21:00 has Connie Ferguson in the lead role as the high-powered executive Harriet Khoza, together with stars like Senzo Ngqobe, Loyiso McDonald, Mbali Nkosi, SK Khoza, Themba Ndaba, Natasha Thahane.

The Queen also sees Connie Ferguson and Sello Maake Ka-Ncube reunite on-screen who thrilled viewers for years as the sister-brother pair Karabo and Archie Moroka in SABC1's Generations while Sophie Ndaba was Queen Moroka.

Now it's Connie Ferguson's turn to play the queen after producing and starring in seasons of her and husband Shona Ferguson's Rockville.

It is in fact the additional Mzansi Magic commissioning and workload of The Queen that saw Connie Ferguson dump Generations earlier this year where she took up her old role of Karabo again for two years after the SABC and Mfundi Vundla fired the principal cast.

In The Queen, Connie Ferguson will be seen as a successful business woman whose husband is hiding a big secret.

When his secret is revealed, it forces the character of Harriet - a dedicated wife and mother -  to "do the unthinkable" in this new telenovela that will "strip bare the insatiable lust for power among the rich and the victims who find themselves at their mercy".

Besides producing Rockville and The Queen for Mzansi Magic, Ferguson Films is also responsible for the channel's viewership hit Igazi.

Uzalo, Igazi top the TV ratings; Sarafina the most watched programme on e.tv in June in Youth Day as Mzansi Magic shows draw more viewers than SABC3's Isidingo.

Uzalo on SABC1 remains the undisputed most-watched show on South African television with both a higher AR and a bigger share than Generations, while pay-TV shows Igazi and Our Perfect Wedding on Mzansi Magic both grab more viewers than the free-to-air soap Isidingo on SABC3.

During June the Durban-produced Uzalo continued to prove its mettle, grabbing a 24.6 audience rating (AR) with 8.27 million viewers and a 66.3 share for its most watched episode, higher than Mfundi Vundla's Generations with a 23.8 AR and 8.01 million viewers (66.2 share).

Surprisingly, the most watched programme on e.tv during the entire month of June was the 1992-film Sarafina! that was shown for free at cinemas countrywide on Youth Day and on e.tv on the same day.

The Darrell Roodt directed film with Leleti Khumalo and Whoopi Goldberg that incidentally shows scenes of public protest violence and property destruction – visuals banned on the SABC as part of boss Hlaudi Motsoeneng’s news censorship decree – drew 5.6 million viewers (16.7 AR) to e.tv on Youth Day.

After Sarafina!, weekday soaps Scandal!, Rhythm City and Ashes to Ashes continue to deliver, ranking respectively 2nd, 3rd and 4th as most watched e.tv shows with 4.9 million, 3.6 million and 3.25 million viewers in June.

The new Disney deal with e.tv immediately payed off: Marvel movies dominated the most-watched list of e.tv's 20 highest rated programmes in June with Thor: The Dark World (2.51 million), Thor (2.46 million), Avengers Assemble (2.41 million) and Captain America: The First Avenger (2.16 million) that outdrew popular programming like WWE Smackdown.

On SABC2 Muvhango remains the most watched show (5.8 million), while more viewers are watching a repeat of Skwizas (3.1 million) than the first-run broadcast (1.89 million) – the same happens with It’s Gospel Time, where viewers watch the repeat (1.6 million) more than the original airing (1.1 million).

SABC3 rating set to fall?

On SABC3 The Bold and the Beautiful remained the most watched show (1.49 million), followed by Isidingo (1.19 million) and Days of Our Lives (1.09 million) that Hlaudi Motsoeneng ordered off the SABC airwaves along with other international content although it's performing very well for the channel.

Out of the top 20 most watched programming on SABC3 during June, 12 were international shows and films.

It's unlikely that new and already widely panned local programming – like Divas of Jozi that replaced Survivor – will draw more viewers than the American shows its replacing. It means that the overall viewership and audience share of SABC3 will very likely fall from July, something that will affect advertising tariffs on the rate card.

Mzansi Magic soaps performing well

On M-Net (DStv 101) Carte Blanche remains the perenially most watched programme but its sister pay-TV channel Mzansi Magic (DStv 161) that surprises.

Local soap Igazi (1.28 million) and Our Perfect Wedding (1.22 million) as the most watched two shows during June on Mzansi Magic that is a pay-TV channel, now has more viewers than Isidingo although the Endemol produced soap is on a free-to-air channel.

Reality show Living the Dream with Somizi is the 6th highest rated show on Mzansi, with Isibaya 3rd. Ring of Lies will likely be back for another season since it's the 8th most watched show (346 924) on the channel.

Meanwhile SABC Encore (DStv 156), the rerun library TV channel with apartheid era shows from the SABC archives that MultiChoice pays millions of rands for, continues to struggle.

SABC Encore that turned one year old in May, struggled to lure more than a measly 90 000 viewers for its most watched show, Matswakabele, with viewership dramatically falling off to a paltry 25 822 viewers for Agter Elke Man as the 20th most watched show on the archive channel.

Connie Ferguson dumps SABC1's Generations - again - as the actress says the productions of her Ferguson Films needs her 'undivided attention'.

Connie Ferguson is dumping SABC1's Generations - The Legacy - the second time she's exiting the Mfundi Vundla created weekday prime time soap.

Connie Ferguson who runs Ferguson Films with her husband Shona Ferguson, dropped Generations in April 2010 after 16 years but returned in late 2014 to help the relaunched Generations - The Legacy which never regained the soap's erstwhile popularity and viewership ratings.

Meanwhile Connie Ferguson who've started her own production company together with Shona Ferguson executive produced and starred in the drama Rockville for M-Net's Mzansi Magic (DStv 161) and is branching out with new Mzansi Magic drama Igazi.

Connie Ferguson basically returned for a year and a half to try and steady the retooled Generations - The Legacy but now she is leaving although exiting scenes have not been filmed yet.

Viewers, some fellow actors and industry insiders branded Connie Ferguson a so-called "sell-out" for returning to work on a South African TV production that they feel is exploiting actors and on-screen talent, after the firing of Generations' 16-actor principal cast in 2014 after they demanded better contracts.

"It is with great disappointment that we have to announce the departure of the much-loved Karabo Moroka, played by the talented Connie Ferguson," says the soap in a statement.

"She's working on a couple of projects that need her undivided attention and has asked to be released from her contract."

"Connie was a significant figure in the construction of Generations - The Legacy. I will be eternally grateful for that and her contribution to the growth of our industry," says Mfundi Vundla.

"Karabo is one character that set tongues wagging and her exit will be no different".