Radio Wave takes ex-DJ to court for jumping ship

NOT so long ago, radio disc jockey Deon van Rensburg helped entertain Radio Wave listeners with irreverent humour and often risque on-air statements as a member of the popular radio station’s breakfast-slot ‘Waking Crew’.

But no more. Van Rensburg disappeared from Radio Wave’s frequencies shortly after mid-May.At the beginning of July, he returned to the airwaves, resurfacing in the studio of Radio Kudu, a competitor of Radio Wave, from where he presented a breakfast show in direct competition to his former employer.This week, his career change saw Van Rensburg and Radio Wave square off in the High Court in Windhoek.The radio station has asked Acting Judge Petrus Damaseb to in effect force Van Rensburg to get off the air and not work for another radio station in Windhoek for the next year.Lawyers representing Radio Wave and Van Rensburg argued the case at length before the Acting Judge on Tuesday and yesterday.Accusations and counter-claims have been ventilated – with Radio Wave and Van Rensburg accusing each other of breach of contract and, in a somewhat unusual twist, Radio Wave actually appearing to trumpet Van Rensburg’s reputation as a DJ and a radio personality in tones so flattering that even Van Rensburg appeared to be reluctant to hold himself in such high regard.The radio station’s Manager, Robin Thompson, said in an affidavit that Van Rensburg had signed a contract containing a restraint of trade clause with Radio Wave in December 1998.That clause states that, because of the competitive and sensitive nature of the broadcasting industry and the fact that Van Rensburg’s employment with Radio Wave would make him privy to confidential information which could be extremely damaging in the hands of a competitor, Van Rensburg confirmed that he undertook not to accept employment with another radio station in Windhoek for 12 months after leaving Radio Wave.Thompson claimed that, through Radio Wave, he had helped to turn Van Rensburg into a popular public figure – to the extent that he had become an “icon” to the public and his name synonymous with that of Radio Wave in the public mind.By moving to Radio Kudu, Van Rensburg would not only be taking confidential information from Radio Wave with him but, naturally and inevitably, his popularity as a radio announcer, and the resultant ability to attract advertising revenue for his new employers, Thompson claimed.He noted that a survey had found that Radio Wave’s morning show was the most popular in Namibia, with some 30 per cent of all radio listeners tuning in to it, as opposed to two per cent opting for Radio Kudu.Radio Wave derived 80 per cent of its advertising income from that show, and it would have serious financial consequences for the station if advertisers were to choose to follow Van Rensburg to his new station, according to Thompson.”This is not about Radio Kudu overtaking the applicant (Radio Wave),” the latter’s legal counsel, Anna-Marie Engelbrecht told the court yesterday.”It’s about taking away from the applicant.Remember, the advertising cake is only so big.”But Van Rensburg is disputing both his power to pull advertising away from Radio Wave and his supposed iconic status as a radio personality.His counsel, Raymond Heathcote, put his client’s stand on that score to the Acting Judge thus: “I’m not David Beckham, you know.I’m just Deon van Rensburg.Yes, people know me, but my leaving does not mean everybody will stop listening to the station.”Van Rensburg claimed in an answering affidavit that he had signed the agreement containing the restraint of trade clause only based on promises that he would be appointed as Radio Wave’s programme director and that he would receive a share of the station’s profits.With neither of those promises kept, the station had not kept its side of the deal.Under the circumstances it would be unreasonable to enforce the restraint clause, he claimed.Acting Judge Damaseb indicated late yesterday afternoon that he would deliver his ruling on Radio Wave’s application for an interim interdict against Van Rensburg tomorrow.Van Rensburg disappeared from Radio Wave’s frequencies shortly after mid-May.At the beginning of July, he returned to the airwaves, resurfacing in the studio of Radio Kudu, a competitor of Radio Wave, from where he presented a breakfast show in direct competition to his former employer.This week, his career change saw Van Rensburg and Radio Wave square off in the High Court in Windhoek.The radio station has asked Acting Judge Petrus Damaseb to in effect force Van Rensburg to get off the air and not work for another radio station in Windhoek for the next year.Lawyers representing Radio Wave and Van Rensburg argued the case at length before the Acting Judge on Tuesday and yesterday.Accusations and counter-claims have been ventilated – with Radio Wave and Van Rensburg accusing each other of breach of contract and, in a somewhat unusual twist, Radio Wave actually appearing to trumpet Van Rensburg’s reputation as a DJ and a radio personality in tones so flattering that even Van Rensburg appeared to be reluctant to hold himself in such high regard.The radio station’s Manager, Robin Thompson, said in an affidavit that Van Rensburg had signed a contract containing a restraint of trade clause with Radio Wave in December 1998.That clause states that, because of the competitive and sensitive nature of the broadcasting industry and the fact that Van Rensburg’s employment with Radio Wave would make him privy to confidential information which could be extremely damaging in the hands of a competitor, Van Rensburg confirmed that he undertook not to accept employment with another radio station in Windhoek for 12 months after leaving Radio Wave.Thompson claimed that, through Radio Wave, he had helped to turn Van Rensburg into a popular public figure – to the extent that he had become an “icon” to the public and his name synonymous with that of Radio Wave in the public mind.By moving to Radio Kudu, Van Rensburg would not only be taking confidential information from Radio Wave with him but, naturally and inevitably, his popularity as a radio announcer, and the resultant ability to attract advertising revenue for his new employers, Thompson claimed.He noted that a survey had found that Radio Wave’s morning show was the most popular in Namibia, with some 30 per cent of all radio listeners tuning in to it, as opposed to two per cent opting for Radio Kudu.Radio Wave derived 80 per cent of its advertising income from that show, and it would have serious financial consequences for the station if advertisers were to choose to follow Van Rensburg to his new station, according to Thompson.”This is not about Radio Kudu overtaking the applicant (Radio Wave),” the latter’s legal counsel, Anna-Marie Engelbrecht told the court yesterday.”It’s about taking away from the applicant.Remember, the advertising cake is only so big.”But Van Rensburg is disputing both his power to pull advertising away from Radio Wave and his supposed iconic status as a radio personality.His counsel, Raymond Heathcote, put his client’s stand on that score to the Acting Judge thus: “I’m not David Beckham, you know.I’m just Deon van Rensburg.Yes, people know me, but my leaving does not mean everybody will stop listening to the station.”Van Rensburg claimed in an answering affidavit that he had signed the agreement containing the restraint of trade clause only based on promises that he would be appointed as Radio Wave’s programme director and that he would receive a share of the station’s profits.With neither of those promises kept, the station had not kept its side of the deal.Under the circumstances it would be unreasonable to enforce the restraint clause, he claimed.Acting Judge Damaseb indicated late yesterday afternoon that he would deliver his ruling on Radio Wave’s application for an interim interdict against Van Rensburg tomorrow.