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BULAWAYO High Court judge, Justice Martin Makonese, has ordered the Victoria Falls Carnival (Pvt) Ltd to pay back US$18 400 to South African DJs Petrus Kabelo “Kabza De Small” Motha and Themba “DJ Maphorisa” Sonnyboy Sekowe.
Initially, the same court had ordered the pair to pay for a claim, in the sum of US$18 395.82, or provide similar security, to the Sheriff of the High Court in Bulawayo, whichever came first.
However, in a turn of events, Justice Makonese set aside the order and ordered the festival organisers to pay back the Scorpion Kings.
The order reads:
“The writ of execution issued by the Registrar of this Honourable Court under case number HC 104/22, is in variance with the interim relief granted in the provisional order and ipso facto declared invalid and therefore set aside.
“The second respondent be and is hereby ordered to immediately pay back to Applicant of their nominated agents the sum of US$18400 (eighteen thousand four hundred United States dollars) which Applicants had paid pursuant to the writ of execution in matter number H 1084/22.
“The first respondent (the festival organisers) shall pay the costs of suit on an attorney and client scale.”
Earlier this week, the duo was issued with an arrest warrant for their failure to perform at the Victoria Falls Carnival.
The Victoria Falls Carnival applied to the High Court, which issued a Writ for Personal attachment and Committal to Prison, dated September 18.
The writ read:
“Whereas, an order was made by the Honourable Mr Justice Dube-Banda ordering the arrest of the 1st and 2nd respondents and committing them to prison to confirm jurisdiction of the respondents.
“Now, therefore, you are required and directed that you take Petrus Kabelo Motha (Kabza DeSmall) and Themba Sonnyboy Sekowe (Maphorisa) of which they are found in Zimbabwe and deliver them to the Keeper of the Gaol at Bulawayo Prison, together with a copy of this Writ, there to be safely kept until they are served with the summons against them issued by the High Court in Bulawayo for a claim in the sum of US$18 395.82 or have provided security in the sum of US$18 395.82 to the Sheriff of the High Court in Bulawayo, whichever occurs first.”
H-Metro reported that on the day in question, the situation outside the hotel was tense.
The Deputy Sheriff of the High Court, and the police, patiently waited for the two to emerge from the hotel.
They were later joined by officials from the Immigration Department.
Bulawayo lawyer, Mr Zibusiso Ncube of Ncube and Partners, took up the role of chief negotiator, with South African Advocate Katlego Malatji, who travelled with the duo, in huddled groups, with the Deputy Sheriff, and cops.
Mathew Masinge
Online Reporter