Happy in paint row
2003-06-17 07:55
Mandy Rossouw and Jo-Ann Floris
Johannesburg - Amidst the storm surrounding the biological parents of Happy Sindane, the boy who grew up in the townships, his story now has a commercial side to it.
The court case, which aims to reunite him with his biological parents, will have to be postponed on Tuesday, again, because of a lack of thorough investigation.
A formal charge will be filed on Tuesday with the child commissioner by the Gauteng social services department after Happy Sindane featured in the new Dulux advertisement in the print media.
A photo of Happy, who is under the protection of the State and has been classified as a minor, appeared in a English newspaper on Monday to promote the paint trademark.
The advertisement featured a close-up of Happy's face, eyes downcast, with the caption: "Any colour you can think of". Under the photo were blocks in three shades of purple.
Heinrich Augustyn, spokesperson for the department of justice, said Happy was a ward of the State and that no agreement existed between government, Dulux and the advertising agency involved.
Happy will receive no compensation for the use of his photo.
Sindane was declared a ward of the social services department while the investigation into his biological heritage is being completed.
Panyaza Lesufi, spokesperson for the department, said they had had no knowledge about the advertisement beforehand.
"It is totally unacceptable. Happy is protected by the Child Act and the court's decision that no new information or photos of him may be distributed."
Lesufi said neither his department nor the child commissioner had granted permission for the photo to be used. "It is a very sensitive case and we are afraid that it can create a precedent for other photos of him to be used illegally."
The department will ask that the advertisement be withdrawn and an apology made.
Gillian Rightford, chief executive of Lowe Bull Clavert Pace, the agency that created the Dulux advertisement, said the ad was part of a series that addresses "topical and newsworthy issues".
"The idea behind the ad was for people to think about Happy's situation, Why must it become a racial issue? Why is colour so important? Happy has stirred up these issues, which are still lurking in South African society," she said.
The agency said there was a confidential agreement, which addressed the legal issues surrounding the use of Happy's photo, between itself and Dulux. Rightford did not want to provide details about the agreement.