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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:
<blockquote>
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.
</blockquote>
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. | <a href="https://cite.org.zw/high-court-dismisses-case-against-scorpion-kings/">CITE</a>

Pindula News

High Court Dismisses Case Against DJ Maphorisa, Kabza De Small

South African artists DJ Maphorisa and Kabza De Small are expected to leave a Bulawayo hotel for the airport this Monday after depositing US$18,500 (R315,000) as security with the Sheriff of the High Court.
The High Court in Bulawayo had ordered their arrest for snubbing the Victoria Falls Carnival on 29 April this year despite being given everything they needed to travel. 
According to a court order seen by Pindula News, the DJs were to be held in prison until they are served with a summons for <a href="https://zero.pindula.co.zw/dj-maphorisa-sha-sha-kabza-in-no-show-for-victoria-falls-carnival-promoter-wants-money-back/">non-appearance at Victoria Falls Carnival, and refusal to refund.</a> Ordered the court: 
<blockquote>
NOW THEREFORE you are required and directed that you take PETRUS KABELO BOTHA and THEMBA SONNYBOY SEKOWE 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.
</blockquote>
The duo’s lawyer says they will fight a claim brought by the promoter of the Victoria Falls Carnival
 The duo arrived in Zimbabwe on Sunday and were scheduled to fly back to South Africa later in the afternoon on Monday. 
The two, together with Zimbabwean musician <a href="https://www.pindula.co.zw/Sha_Sha">Sha Sha</a> who is based in South Africa, didn’t show up for the Victoria Falls Carnival on 29 April this year despite being given everything they needed to travel. Reports suggest they had two shows in South Africa.
Day of the Carnival was set to kick off the celebrations with headliners DJ Maphorisa, Kabza De Small and Sha Sha, due to perform on the Pure Africa Sunset Cruise and at the main event later in the evening. 
DJ Maphorisa, Kabza De Small and Sha Sha did not make their flights.
A month later, <a href="https://zero.pindula.co.zw/shasha-apologises-for-not-attending-this-years-victoria-falls-carnival/">Sha Sha apologised.</a> In a statement seen by Pindula News, ShaSha said she was working to atone for missing the show.
<h2><a href="https://zero.pindula.co.zw/">Pindula News</a></h2>

Victoria Falls Carnival Snub: South African DJs Kabza De Small And Maphorisa Pay R315 000

The High Court in Bulawayo has ordered the arrest of South African artists DJ Maphorisa and Kabza De Small who performed in the city on Sunday night. 
According to a court order seen by Pindula News, the DJs are to be held in prison until they are served with a summons for <a href="https://zero.pindula.co.zw/dj-maphorisa-sha-sha-kabza-in-no-show-for-victoria-falls-carnival-promoter-wants-money-back/">non-appearance at Victoria Falls Carnival, and refusal to refund.</a>
 The duo arrived in Zimbabwe on Sunday and are expected to fly back to South Africa later in the afternoon on Monday. Reads in part the order:
<blockquote>
<h2>TO: THE SHERIFF FOR ZIMBABWE AND ALL CONSTABLES AND OTHER PEACE OFFICERS WHOM IT MAY CONCERN</h2>
WHEREAS, an order was made by the Honourable Mr Justice Dube-Banda ordering arrest of the 1st and 2nd Respondents (Petrus Kabelo Botha and Themba Sonnyboy Sekowe) and committing them to prison to confirm jurisdiction of the Respondents.
NOW THEREFORE you are required and directed that you take PETRUS KABELO BOTHA and THEMBA SONNYBOY SEKOWE 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.
AND Return you this writ with what you have done thereupon.
</blockquote>
The duo, and Zimbabwean <a href="https://www.pindula.co.zw/Sha_Sha">Sha Sha</a> who is based in South Africa, didn’t for the Victoria Falls Carnival on 29 April this year despite being given everything they needed to travel. Reports suggest they had two shows in South Africa.
Day of the Carnival was set to kick off the celebrations with headliners DJ Maphorisa, Kabza De Small and Sha Sha, due to perform on the Pure Africa Sunset Cruise and at the main event later in the evening. 
DJ Maphorisa, Kabza De Small and Sha Sha did not make their flights.
A month later, <a href="https://zero.pindula.co.zw/shasha-apologises-for-not-attending-this-years-victoria-falls-carnival/">Sha Sha apologised.</a> In a statement seen by Pindula News, ShaSha said she was working to atone for missing the show.
<h2><a href="https://zero.pindula.co.zw/">Pindula News</a></h2>

Zimbabwe High Court Orders Arrest Of Two SA DJs Kabza And Maphorisa