Open Mic, a record label that signed popular singer Makhadzi, has been slapped with a R159,000 letter of demand after she failed to honour a gig in Limpopo.
Mxolisi Kabinde from Kabinde Attorneys Inc served the label in May on behalf of Paledi Events Management seeking recourse for Makhadzi’s no-show at the all-white-themed party held in December at Malapile Park in Rathoke. Paledi had paid the label R70,000 for Makhadzi’s services and other costs that included alcohol and accommodation for her crew.
According to Kabinde, the R159,000 that Paledi is demanding includes advertising costs, security services, decoration services, sound system, stage and lighting costs.
The letter reads: “You breached the terms of the agreement between you and our client in that the artist booked by our client failed to arrive and perform at the event.
"As a result of your failure to honour the agreement with our client our client has suffered damages in the sum of R70,000. In the alternative, you have been unduly enriched by the contract amount of R70,000.
“We now have instructions to demand the payment of the sum of R158,750 within 14 days or receipt of this letter. Your failure to accede to our demand will result in us with no further notice instituting legal action to claim the amount demanded by our client.”
But according to Paledi’s co-founder Modibane Legoabe, those efforts have since been ignored.
“They also asked for additions which included three Moët champagne bottles, three Hennessy bottles, platters and accommodation, which all cost me an additional R5,000,” he said.
A booking contract was signed by Open Mic’s co-founder Molau Rammala and Paledi’s Thabo Balili.
“Our initial deal was that she would perform at my event at 6pm before going to her other event in Polokwane. Around 8pm, I reached out as they had not arrived and a Dineo (Dhlamini) gave me a number to contact Makhadzi on. The singer confirmed that they were running late and would perform at my event at 11.30pm,” said Legoabe.
After sending the event’s location twice, Legoabe said Makhadzi and crew went mute and did not respond to his numerous calls.
“Around 1am, I called Molau, who said he doesn’t know what’s wrong with Makhadzi because this isn’t the first time and she’s killing their brand. He promised that I will be refunded but I have been waiting and calling and nothing has come out of it,” he said.
In April, Sowetan reported a similar incident in which Makhadzi failed to appear at a picnic event in Mahikeng, North West.
However, according to Open Mic’s advocate, Nkateko Maluleke, Makhadzi was not well on the day and the information was communicated to the organisers.
“We then asked that they forward a remission invoice for reimbursement. We don’t always take money and not perform. She wasn’t well and there’s nothing you can do about it.
“She’s not a machine, she’s human. It is not a norm to miss events and if we do, we communicate with (the) client and when we do, refunding is not an issue at all,” he said.
He added that Paledi had not reached out to them about the letter of demand.
“Or what we would normally do is do an event swap, where we give them a credit for a next event. They haven’t reached out to us ... I am hearing from you that they are now calling the media."
But Legoabe disputed that they did not try to contact the singer’s team. He also said he didn’t know anything about Makhadzi being sick.
Lawyer Mxolisi Kabinde said they will be serving Open Mic with summons soon.
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