Design studio takes Ithuba to court over Tanzania lottery launch
An advertising design company has gone to court accusing former South African National Lottery operator Ithuba Holdings of illegally using its designs for the launch of the National Lottery of Tanzania campaign.
Dreamcast Media, which created the campaign’s branding, designs, animations and television commercials, has approached the Johannesburg high court seeking to confirm its copyright and restrain Ithuba from continuing to use them without permission.
In his founding affidavit, Dreamcast director Neo Majafe says the company was approached in November 2024 by an Ithuba employee, Mpange Chapeshamano, to assist with creating marketing and branding material for the launch of the new lottery in Tanzania.
The parties subsequently concluded a campaign agreement, which Dreamcast says included branding, design, animation and television commercials.
Majafe says the agreement was concluded orally, or partly orally and partly in writing, during April or May 2025.
The affidavit says any permission granted to use the creative work was conditional on full payment.
[Ithuba Holdings] failed to provide the undertakings demanded.— Affidavit
Majafe states that no written assignment of copyright or exclusive licence was granted to Ithuba or its agency, Blanq Agency.
The company says it completed the work required under the agreement, including the final television and video deliverables and 30-second cutdowns of the original commercials.
The affidavit records that the purchase order issued by Blanq on April 24 2025 reflected a total of R400,000 for the television commercial project.
Majafe says Dreamcast also performed additional translation-related work, for which a further R10,000 became payable.
He states that Blanq subsequently accepted liability for the additional amount and confirmed that the total owed was R410,000.
After a payment of R64,516.13, Dreamcast says the remaining balance of R345,483 was never paid.
Majafe says permission previously granted for the use of the works was withdrawn from at least October 10 2025.
The affidavit alleges that, despite this withdrawal, Ithuba continued to exploit the material, including through broadcasting and digital platforms.
Dreamcast says it sent a letter of demand on November 19 2025, saying no exclusive licence had been granted, that permission to use the material had been withdrawn and that the works should be removed from relevant platforms and the television commercials no longer broadcast.
Dreamcast alleges that Ithuba did not provide a substantive explanation of the basis on which it claimed to be entitled to continue using the works, nor did it provide a payment proposal or cease the alleged exploitation
“[Ithuba Holdings] failed to provide the undertakings demanded,” the affidavit says.
Dreamcast alleges that Ithuba did not provide a substantive explanation of the basis on which it claimed to be entitled to continue using the works, nor did it provide a payment proposal or cease the alleged exploitation.
The company says it obtained screenshots showing that the works continued to be used on social media between April 2026 and June 2026.
The application seeks a final interdict preventing Ithuba from reproducing, publishing, broadcasting, transmitting, displaying, streaming or otherwise exploiting the works without prior written consent.
Dreamcast is also asking for the removal of material from social media accounts, websites and digital platforms under Ithuba’s control or direction.
Dreamcast is seeking damages or, alternatively, a reasonable royalty for the unauthorised use, as well as additional damages and costs.
The allegations have not been tested in court, and the application does not itself establish that Ithuba infringed Dreamcast’s copyright.
Ithuba’s response to the claims, including its position on the alleged outstanding balance and continued use of the material, is necessary for a complete account of the dispute.