The Bulawayo High Court has dismissed an order to arrest South African artistes, Petrus Kabelo Motha (Kabza De Small) and Themba Sonnyboy Sekowe (DJ Maphorisa) after they failed to perform at the Victoria Falls Carnival in April this year.
In a ruling delivered on Tuesday, Justice Martin Makonese of the High Court also ordered that the Sheriff of the High Court pay back US$18 400 the duo had paid to avoid arrest.
This was after the artistes’s lawyer, Zibusiso Ncube of Ncube and Partners had approached the High Court seeking an order to set aside the writ of execution.
They cited Victoria Falls Carnival (Pvt) Limited and Sheriff of the High Court of Zimbabwe as the first and second respondents, respectively. Justice Makonese’s ruling reads:
The writ of execution issued by the Registrar of this Honourable Court under case number HC 1804/22, is in variance with the interim relief granted in the provisional order and ipso facto declared invalid and therefore set aside.
The 2nd respondent (Sheriff) be and is hereby ordered to immediately pay back to Applicants or their nominated agents the sum of US$18 400 which applicants had paid pursuant to the writ of execution in the matter number H 1804/22.
The Victoria Falls Carnival (Pvt) Ltd was ordered to pay the costs of the suit on an attorney and client scale.
The Amapiano kingpins were in Bulawayo last Sunday for a show at the Boundary and the order for their arrest was issued hours before their show.
They were able to stage the show but the following morning, police and officers from the Sheriff’s office besieged the Holiday Inn to arrest them.
They had to quickly put together the US$18 400 and pay to avoid arrest before they were cleared to leave the country.
The DJs, together with Zimbabwean-born singer based in South Africa, Sha Sha, whose real name is Charmaine Mapimbiro, had been billed to perform at the Victoria Falls Carnival in April but they did not turn up.
The organisers then demanded damages of about R440 000 but the artistes only committed themselves to pay R230 000. | CITE