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Probate is
the legal process of settling the estate of
a deceased person's claims and distributing
his property. It originates from the Latin
word probatus, meaning "to try, test,
or prove one to be worthy" of any of the
decedent's assets.
When Franco
died in 1989, he left behind a whole
trainload of musicians who were lifetime
members of OK Jazz.
Hence, the burden was on them to prove
whether they were equal partners or simply
Franco's employees.
At best, one can presume that a legal
partnership existed between OK Jazz and
Franco. Consequently, they might have been
entitled to 50% of the profits; while 50%
plus 100% of the interest in the band
equipment outright belonged to Franco's
heirs. In essence, probate prohibited
unlimited band gear usage by OK Jazz
members, without renting from Franco's
family. Such reality reduced the band
members' entitlement even further to at
least 40%.
In a worst scenario, Franco owned 100%
interest in OK Jazz and compensated band
members for their services, like typical
employees. In such instance, OK Jazz'
interest was 0%. Thus, it had no place in
Franco's probate issues. Yet a core of
musicians led by Rondot Kasongo formed Bana
OK and recorded their first album Bakitani
in 1993; with Franco's band equipment.
Franco's family viewed this gesture as an
illegal disinheritance of Franco's heirs.
As fate would have it, some of these events
coincided with Madilu's solo project to
finance treatment for his diabetes. Then
Simaro Lutumba took over the leadership of
OK Jazz and Madilu was forced out after a
suspension. Further, Franco's heirs demanded
their equipment back and upped their claim
for their share of the revenues from 30% to
60%. Simaro refused and went on to validate
Kasongo's Bana OK. This spelled the end of
OK Jazz after 36 years.
Then the blame game began. Franco's heirs
claimed that Simaro bilked them by paying
them 30% instead of at least 50%. Simaro
claimed that Madilu caused trouble by
releasing his solo album outside OK Jazz.
Madilu claims the band should have been
forgiving and stayed together instead of
creating Bana OK. But nobody wants to
confront the real legal question of meddling
in Franco's probate matters without
resolving the crisis with Franco's heirs
first.
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