BY MPHO SIBANYONI
Amapiano musicians Kabza De Small and DJ Maphorisa are mounting a legal fight back after a Zimbabwean company sued them for more than R300,000 and tried to have them arrested on Monday.
The lawsuit comes after the pair were paid but failed to perform at the Victoria Falls Carnival in May.
Zimbabwean-based attorney Zibusiso Ncube, who is representing the artists, confirmed to SowetanLIVE on Monday evening that the pair was being sued for R325,157 after they failed to perform at the Victoria Falls Carnival.
Ncube, however, labelled the damages claim as “extortion of some sort” and vowed to file an urgent court application on Tuesday morning to challenge the payment.
He explained that after the musicians failed to pitch for the event, Kabza and Maphorisa as well as the carnival organisers agreed to refund R230,000 in full and final settlement of the matter.
Ncube said he was concerned the carnival was making a demand from the duo despite them having paid the money they owed to the organisation.
“The claim for damages … doesn’t look to be supported by the contract itself. The contract that is signed was that in the event of cancellation (Maphorisa and Kabza) won’t pay for certain things.
“And these are the things that these people are claiming,”
Ncube vowed to fight in court on Tuesday morning.
“There will be an attack on an application that was filed on Monday (against Kabza and Maphorisa). And there will be an attack on the main claim itself,” he said.
“I don’t even understand why the police were involved because it was a civil case not even a criminal matter. The sheriff has authority to arrest someone in terms of a writ of (execution) and then hand them over to correctional services.
“There are no criminal charges here.
“The application was granted without notice to them because these people [musicians]don’t have property in Zimbabwe … and they will be leaving the country any time soon … ”
“The writ of execution makes reference to a payment of US $18,395.81 (R325,157.06).
“We had a situation where we had to decide whether they were going to jail, awaiting to be served with the summons or they paid the US$18,395.81 without accepting the liability and we can deal with the matter later on.
“Naturally I believe the liberty of an individual is fundamental.
“So they paid the US $18,395.81 for security and without accepting liability. This really amounts to some extortion of some sort.”
Ncube said Maphorisa and Kabza and were in good spirits when he spent time with them at his office. “They should be in the comfort of their home in South Africa as we speak.”
The musicians were held up at a hotel in Zimbabwe from Monday morning as the lawyers from both sides made a deal. They were allowed to leave in the afternoon and boarded a plane to Johannesburg around 4pm. – SowetanLIVE