Amapiano troika DJ Maphorisa, Kabza de Small and Sha Sha has been issued with a summons by a music promoter for failing to refund him. This after the musicians failled to pitch for his festival in Zimbabwe last year.
The summons, issued at the Tshwane Magistrate’s Court were hand delivered on January 18 by Pretoria-based deputy sheriff NE Ramaru to Jansen & Jansen Attorneys, who represent the three musketeers.
According to the summons, which we have seen, Maphorisa, Kabza de Small and Sha Sha, were given 10 days to file with the clerk of the court a notice of their intention to defend.
“Inform the defendant further that if they fail to file and serve notice as aforesaid, judgment as claimed may be given against them without further notice to them, or if having filed and served such notice, they fail to plead, except or counter-claim, judgment may be
given against them.
“Inform the defendants also that if they do not intend to defend the action, they may give written notice to that effect to the plaintiff and the clerk of the court and the action may then, at the written request of the plaintiff, be forthwith set down by the clerk for hearing without further notice to defendants,” read the summons.
In their particulars of claim, the promoter’s company, Bandwagon, trading as VIC Falls Carnival, said on September 8 2021, the entity, represented by Stan Chingonzho and the musicians, represented by Thulani Keupilwe of Lawk Productions, entered into a written contract to perform as “Scorpion Kings” at Zambezi River and Elephant Hills International Hotel in Zimbabwe on April 29 last year.
After signing the contract, Bandwagon paid the artists a total of R230 000.
Maphorisa and Kabza de Small were expected to strut their stuff for 60 minutes, while Sha Sha was supposed to showcase her talent for 25 minutes.
Bandwagon said they spent over R91 000 on three business class and economic class flights to transport the artists; R11 250 on executive suites for their accomodation; R14 400 for standard suites for extra accomodation; R22 500 for immigration papers; R9 000 for consensus board costs and R15 000 on Zimra income tax.
The company said the contract stipulated that in the event that artists failed to show up at the knee-up, audiences and customers would demand refunds.
The three musos, said the company, marooned legions of fans who bought the tickets to see them perform when they failed to pitch up for the shindig and as a result the company suffered damages in the region of over R164 000.
“Wherefore the plaintiff prays for judgment against the first and second and third defendants jointly and severally, the one paying the other to be absolved,” read the papers.
The three’s lawsuit followed the company’s failed attempt to criminally prosecute the artists when they visited Zimbabwe late last year to ply their trade.
This after they were hired to go there by another impresario.
They were paradoxically forced to pay the company over R300 000 but the latter was dragooned by the high court in Zimbabwe to refund them.
Maphorisa ignored our phone calls.
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