Multi-award-winning amapiano superstar Kelvin Momo is fighting to prevent the liquidation of his entity, which is unable to refund and pay damages to a music promoter who booked him to perform in Australia but failed to show up.
Ace Events has filed papers in the Johannesburg High Court in which it is seeking the liquidation of the prolific music producer’s company, Kelvin Momo Production, saying the DJ’s stable has failed to pay it more thanR2.8-million in refunds and damages as a result of his failure to perform at the shows Down Under last year.
In the court papers which we have seen, Ace Events director Million Mwenge Butshiire, stated that they entered into a contract with Kelvin Momo, real name Thato Kelvin Ledwaba, and his right-hand man Devon Peterson to organise what they called the ‘Kelvin Momo Australian Tour 2024’, where he would go and strut his stuff.
In terms of the agreement, Butshiire stated that Kelvin Momo was supposed to do a live performance in Melbourne on November 2 for 60 minutes and Perth, on November 03 last year, for the same duration.
They also agreed that if he failed to show up, they would reschedule him to go and perform within three months of any postponement and/or cancellation.
If Kelvin Momo was unable to perform and failed to reschedule a mutually agreeable date to perform, he would immediately refund the promoter.
In exchange for his services, said Butshiire, Ace Events agreed to pay Kelvin Momo’s stable US$10 000 performance fees for the Melbourne knee-up and US$7 500 for the Perth shindig
He said they paid Kelvin Momo a 50% deposit and agreed to pay him the outstanding quantum seven days prior to the carnivals.
But Kelvin Momo failed to pitch up for the events.
“The artist and his agent, Devon, failed to board the flights that had been arranged and booked for them by Ace Events. This occurred on three separate occasions: October 31, 2024, November 1, 2024 and November 2, 2024.
On each occasion, despite failing to board the scheduled flights, the artist and Devon assured Ace Events, upon being contacted, that they fully intended to perform at the events.
Furthermore, they expressly requested that Ace Events reschedule their flights for the following day, thereby reinforcing their commitment to the events.
The artist failed to perform at the events on November 2, 2024 and on November 3, 2024,” read the papers.
Consequently, and as a direct result of his failure to pitch up, Ace Events had no other option but to cancel the events and refund ticket sales to disgruntled audience members, some of whom had specifically booked flights and accommodation to attend the shows.
When Ace Events enquired of Kelvin Momo and Devon about the reasons why they failed to board the flights that had been arranged and booked, they avoided them.
“The respondent and its director (the artist) failed, refused and or neglected to engage with Ace Events meaningfully or otherwise with the view of arranging an alternative date(s) for the events.
The respondent and its director failed, refused and or neglected to repay Ace Events the monies that had been advanced by Ace Events,” Butshiire stated.
Butshiire further said their lawyers sent a letter of demand to Kelvin Momo and his entity to remedy the breach of their agreement within 24 hours, but they avoided them.
“This pattern of avoidance indicates the respondent’s unwillingness to comply with its legal obligations, further justifying the need for immediate liquidation,” he stated.
Butshiire said the R2.8-million he demanded from Kelvin Momo’s entity included the US $10 000 and US$ 7500 deposits for the events, accommodation flights, and visa costs and reputational damages.
He said despite demand, no payment was remitted.
“Accordingly, I am advised that Ace Events, as a creditor of the respondent, is entitled to seek a winding-up order against the respondent,” he said.
