Radio Wave loses out in fight over ‘star DJ’

THE High Court yesterday dismissed a bid to turn off the broadcasting microphone of radio disc jockey, Deon van Rensburg, who was sued for breach of contract for leaving his former broadcasting base, Radio Wave.

In terms of the order made by Acting Judge John Manyarara in the High Court in Windhoek, Van Rensburg will be able to continue working at a much smaller competitor of Radio Wave, Radio Kudu, which he had joined from the beginning of July. Acting Judge Manyarara’s judgement in the matter indicates that what had dealt a fatal blow to Radio Wave’s attempt to get the court to enforce a restraint of a trade agreement that Van Rensburg had signed, was a finding that the evidence before the Acting Judge did not support Radio Wave’s claims that Van Rensburg was such a popular DJ and such a household name that he would draw advertising revenue away from Radio Wave and to Radio Kudu.In terms of a written agreement that Van Rensburg signed with Radio Wave in December 1998 he undertook not to take up employment with any other radio station in Windhoek for 12 months after leaving Radio Wave.Acting Judge Manyarara found the facts that had been placed before the court showed that Radio Kudu was “most unlikely to pose any threat or real threat” to Radio Wave’s business during the twelve-month period of restraint that Radio Wave was trying to enforce.Acting Judge Manyarara recited statistics that had been placed as evidence before the court to back up this finding.Firstly, a survey done for Radio Wave a year ago had found that it was, with about 31 per cent of listeners in the 06h00 to 10h00 broadcasting slot, the most popular radio station in Namibia.Radio Kudu was very far behind, pulling only about two per cent of listeners to its frequencies in that time slot.That was the slot that Van Rensburg used to help occupy as part of Radio Wave’s “Breakfast Crew”, and is also the time in which he can now be heard on Radio Kudu.Also, according to a survey among Radio Wave advertisers that was done on Van Rensburg’s behalf for the court case, it was found that most felt that Van Rensburg’s move to another radio station would not have any influence on their current advertising spending behaviour.Acting Judge Manyarara dismissed Radio Wave’s application, and ordered it to also pay three quarters of Van Rensburg’s legal costs.Acting Judge Manyarara’s judgement in the matter indicates that what had dealt a fatal blow to Radio Wave’s attempt to get the court to enforce a restraint of a trade agreement that Van Rensburg had signed, was a finding that the evidence before the Acting Judge did not support Radio Wave’s claims that Van Rensburg was such a popular DJ and such a household name that he would draw advertising revenue away from Radio Wave and to Radio Kudu.In terms of a written agreement that Van Rensburg signed with Radio Wave in December 1998 he undertook not to take up employment with any other radio station in Windhoek for 12 months after leaving Radio Wave.Acting Judge Manyarara found the facts that had been placed before the court showed that Radio Kudu was “most unlikely to pose any threat or real threat” to Radio Wave’s business during the twelve-month period of restraint that Radio Wave was trying to enforce.Acting Judge Manyarara recited statistics that had been placed as evidence before the court to back up this finding.Firstly, a survey done for Radio Wave a year ago had found that it was, with about 31 per cent of listeners in the 06h00 to 10h00 broadcasting slot, the most popular radio station in Namibia.Radio Kudu was very far behind, pulling only about two per cent of listeners to its frequencies in that time slot.That was the slot that Van Rensburg used to help occupy as part of Radio Wave’s “Breakfast Crew”, and is also the time in which he can now be heard on Radio Kudu.Also, according to a survey among Radio Wave advertisers that was done on Van Rensburg’s behalf for the court case, it was found that most felt that Van Rensburg’s move to another radio station would not have any influence on their current advertising spending behaviour.Acting Judge Manyarara dismissed Radio Wave’s application, and ordered it to also pay three quarters of Van Rensburg’s legal costs.