Vivari sues radio icon over unpaid aesthetic surgery

Foxy radio icon Thando Thabethe and her producer Tumi Maimela have disappeared without paying the bill for the body sculpting procedures they underwent at an aesthetic facility in Joburg last year.

Thabethe and Maimela’s tardiness came to the fore when the facility, Vivari Hotel and Aesthetic, filed a lawsuit against Maimela and her production company, Redwood, in the Joburg High Court last week.

In the lawsuit, Vivari demands that Maimela pay it R245 000 for 360 liposuction, mastopexy (breast lift) and Brazilian Butt Lift surgeries they performed on her, plus R181 000 for Thabethe’s liposuction.

The company is also demanding R5-million for loss of income it suffered after defamatory remarks Maimela made in the letter she sent to Health Profession Council of South Africa (HPCSA), complaining about the heart attack she suffered after the procedures, which were expected to be aired in Thabethe’s show Unstoppable on BET.

In the court papers, Vivari said its representative Dr Anushaka Reddy, Thabethe and Maimela, entered into an agreement to film the show at the hotel in November last year. They agreed that Vivari would receive a minimum of three minutes of airtime in four different episodes of the show, amounting to a total of 12 minutes of airtime. They also agreed that Dr Bruce Lelala, a surgeon employed by the hotel would have a minimum exposure of three minutes of airtime in four different episodes amounting to a total of 12 minutes of airtime.

In exchange, Vivari agreed to perform a 360 liposuction surgery on Thabethe, which equated to the value of R183 000 after a R54 500 discount. Vivari also agreed to perform 360 liposuction, mastopexy and Brazilian Butt Lift on Maimela, which after R100 000 discount, equated to the value of R341 000.

The entity said Maimela only paid R100 000 and still owed it an outstanding balance of R241 000. 12.

“The plaintiff’s premises is a day clinic and that patients will revert to the status of outpatient upon discharge. There are post-operative risks and both Thabethe and the second defendant undertook to abide by the advice given to them.

“…In the event of a complication arising after Thabethe and the second defendant have been discharged from the plaintiff’s facilities, this will be for their own account,” read the papers.

Vivari said Maimela breached the agreement when she levelled libelous allegations against the facility in a complaint, she filed with the HPCSA. Vivari’s lawyers sent Redwood a letter on March 24, formally terminating the agreement and ordering Redwood to refrain from airing all the videos at its premises in the reality series, but the entity refused.


“That the first defendant (Redwood) pay the outstanding balance for the second defendant’s surgical procedure in the amount of R245 053.49, which is due and owing to the plaintiff; and that the first defendant pay the outstanding balance for Thabethe’s surgical procedure in the amount of R181 050, which is due and owing to the plaintiff.

“Notwithstanding the demand, the first defendant has failed, refused and/or neglected to effect payment of R426,103.49 which is presently due, owing, and payable to the plaintiff, together with interest,” read the papers.

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