Judge Martin Makonese has ordered the organizers of the Victoria Waters Carnival and the Sheriff of the High Court to return US$18,400 to two South African duo Kabelo Petrus Motha and Thembe Sonnyboy Sekowe, which the artists had deposited in Messenger of Court account.
On Monday, Motha popularly known as Kabza De Small and Sekowe, who is also popularly known as DJ Maphorisa in entertainment circles, paid nearly $19 000 into the Messenger of Court account following the Bulawayo High Court’s decision on Saturday to jail two Africans – southerners. artists for failing to repay a debt of US$18,395.82 owed to the organizers of the Victoria Falls Carnival.
Motha and Sekowe were in April this year sued for half a million rand by participants of the Victoria Falls Carnival after they failed to turn up despite being paid to perform at this year’s carnival in the resort town.
The duo, who perform together as the Scorpion Kings and have a number of hits in the amapiano genre, had a gig at a concert in Bulawayo over the weekend.
But, they had to remain locked in their hotel as the police and officials from the Messenger of Court had sought their arrest following the issuance of an arrest warrant by Magistrate Christopher Dube Banda.
The pair avoided arrest on Monday after paying nearly $19,000 in settlement for a breach of contract.
In a new turn of events, Justice Makonese on Tuesday set aside Justice Banda’s judgment and instead ordered Victoria Falls Carnaval (the first respondent) and the Messenger of Court to reimburse the two South Africans.
“The writ of execution issued by the Secretary of this honorable court in case number 1804/22 is contrary to the temporary measure given in the temporary order and the Ipso factor declared invalid and therefore the second respondent and it is hereby ordered that immediately. refund to the applicants or their nominated agents the sum of US$18,400 which the applicants had paid pursuant to the writ of execution in case number H 1804/22.”
“The first respondent (Victoria Falls Carnival) will pay the costs of the suit on an attorney and client basis,” reads the judgment of Justice Makonese.
