Multi-award winning musician Makhadzi and her production company Open Mic have been dragged to the Pretoria High Court in a R8.2-million lawsuit for failure to promote the sneaker brand Kicks Kokovha.
Kicks Sportswear, the company producing the Kicks Kokovha sneakers, argues that Makhadzi, real name Ndivhudzannyi Ralivhona, and Open Mic breached the terms and conditions of their partnership agreement stipulating the songstress has to perform wearing the brand’s sneakers and promote the brand on her social media platforms.
The branded shoes were launched on December 9 2021 at Mall of Africa and the same month, Makhadzi performed at festive gigs without wearing the brand’s sneakers.
The partnership agreement states: “The partner agrees that the brand participate in a number of activities arranged by Kicks Sportswear. This includes participation through a series of social media posts both on Kicks Sportswear social media account and also on Makhadzi social media account, event appearances, speaking engagements and media interviews, following guidelines as set out by the corporation and its agencies.”
In the court papers we have seen, Kicks Sportswear states that: “The plaintiff therefore claims damages for the following: The units of shoes in the warehouse being 6 900 pairs, less 20 pairs, sold in Limpopo, thus being 6 880 shoes at the retail price they would have sold, for if first and second defendants did not breach the partnership agreement, thus amounting to R8 249 120.
“But yet again due to the breach caused by the first and second defendants, the plaintiff suffered a tremendous financial loss of R379 921, which invoices was attached to the letter of demand that was sent on the 6th of May 2022,” reads the papers.
“The plaintiff further claims damages for all expenses incurred in adhering to the terms and conditions of the partnership agreement and trying to make the launch of the limited edition brand a success.”
In the court documents, Kicks Sportswear further demands: “1. Payment of the amount of R8 629 041 as per the letters of demand; 2. Costs of the [law] suit, on an attorney and client scale; 3. Further and or alternative relief.”
The company also suggested that the said partners should buy the stock stuck at the warehouse at R300 a unit as per retail price and resell the products themselves for their own benefit.
Open Mic Productions co-founder Molau Rammala said he was unaware of the court case.
Rammala said he knew of the agreement between themselves, Makhadzi and Kicks Sportswear to produce the limited edition sneakers but has not followed up on the matter.
Kicks Sportswear founder and CEO Sammy Mhaule said as this was a court matter, he could not comment.
Attempts to reach Makhadzi drew a blank.
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