A Limpopo music promoter has applied for an urgent court order to force controversial singer Makhadzi to perform at his event, scheduled to take place at a Polokwane lodge tomorrow.
Glen Talane has asked the Limpopo High Court to hear his application for a court order on urgent basis tomorrow at 10:30am and threatened to obtain a punitive cost order against Makhadzi, who is cited as a second respondent, and her record label Open Mic as the first respondent, if they oppose it.
In the court papers, which we have seen, Talane is asking the court to grant him an order to force Makhadzi to perform at his event, billed for Boeketlong Pub & Lodge in Jane Furse, Polokwane on Saturday, which is the same date the singer is expected to perform at her much-anticipated one-woman show titled Makhadzi One Woman Show at Makhuva Stadium in Thohoyandou.
“Take notice that the applicant intends to pursue an urgent application in this Honourable Court on 1 October 2022 at 10:30, for the following order to be made: The matter is dealt as one of urgency in terms of Rule 6 (12) of the Rules of this Court. The second respondent be directed to perform at the event to be held on 1 October 2022 at Boeketlong Pub & Lodge. Costs against the respondents on attorney and client scale including two Counsel, jointly and severally, one paying the other is absolved,” read the papers.
In his particulars of claim, Talane said he signed an agreement with Makhadzi’s record label to perform at this event in Jane Furse on October 1 and was expected to pay the musician an R80 000 appearance fee and R2 000 for a video to promote the show.
Talane was expected to pay her a R40 000 deposit immediately after signing an agreement and the remaining R40 000 seven days before her performance date.
In compliance with their agreement, Talane paid Open Mic the R40 000 deposit and R2 000 to shoot a promotional video for the event, but the video was never shot.
“Accordingly, payments for the aggregate amount of R42 000 were accepted by Open Mic,” reads the papers
He said they discovered that Makhadzi was going to perform at Makhadzi One Woman Show scheduled for the same date she is supposed to perform at their event.
“We are further instructed that on or about August 2022, when our client saw a post on social media that Makhadzi will be performing at an event titled Makhadzi One Woman Show, also to be held on 1 October 2022, it was already clear and evident to our client that Open Mic would breach the agreement.”
Talane further stated that his event manager sent several WhatsApp messages to Open Mic’s representative to enquire about the muso’s double booking.
The representative said Makhadzi had withdrawn from Talane’s event because she was booked to perform at her event, which ends on Sunday.
He said after reading in the Sunday World that Makhadzi was no longer coming, about 50 people who have already purchased the tickets to attend the show arrived at the lodge and voiced their dissatisfaction.
“They voiced out their dissatisfaction…[they]insinuated that the applicant misled them in purchasing the tickets under the pretence that Makhadzi would perform at the event, knowing that she will not be performing at all”
“The applicant has no effective redress or remedy pertinent to this matter. It is uncontroverted that the applicant can pursue a case for damages in this court at the later stage. But this matter has nothing to do with a claim for damages.
“If this matter was to be heard in due course – which will be few months from now – this would ignore the greater possibility and imminent danger that furious supporters [in] court [may] damage the applicant’s property – and the possibility of people being injured or loss of lives,” read the papers.
Talane confirmed that there will be a legal showdown between him and the singer and her record label in court tomorrow.
“We have filed an urgent application to compel Makhadzi to perform at our event on Saturday as per the contractual agreement,” he said.
He further lamented that the pub would be financially crippled if Makhadzi does not pitch for the gig.
Talane also said they feared that people might vandalise and terrorise the establishment if Makhadzi does not perform.
“You know how violent people are, some are already calling to ask what’s going to happen because they know already that Makhadzi might not come. People want their money back and at this point, the lodge is fully booked and the tickets are sold out,” he said.
If he obtains the order, Makhadzi’s one-woman show will be thrown into disarray.
Makhadzi’s one-woman show at risk as promoter threatens court action
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