Fungisai sued for R1,2 million over no-show
By Jonathan Mbiriyamveka
Songstress Fungisai Zvakavapano-Mashavave is being sued for R1,2 million after she failed to turn up at a gig held in South Africa in April. The top billing diva was scheduled to share the stage with a host of other musicians including Zimbabwean singer Sabastian Magacha.
When The Herald sought comment from Fungisai, she referred all questions to her band administrator identified as Major. According to Major, the agreement signed between the parties was explicit with regards to failure of either party to perform and that as she was ill she was allowed to postpone her appearance.
“For your benefit I quote clause 7 of the agreement which states: ‘If an artiste cannot fulfil her obligations hereunder due to reasons beyond artistes’ control, such as transportation failures, strikes, riots, floods, illness or acts of God, inability to obtain licences, permissions, work permits or visas, artiste may cancel this agreement without any obligation to the promoter provided the inability to obtain licences, permissions, work permits or visas is not a result of the promoters’ shortcomings.
“If the artists fails to fulfil obligations due to promoters shortcomings, then the deposit shall be forfeited and the artiste can claim damages for breach. In the event of a breach due to reasons beyond artistes’ control, then the promoter can arrange a date within three months to hold another show at the same terms,” Major said.
He said Fungisai’s failure to perform was based on medical grounds and medical records were there to prove this.
“We have not received any summons or court documents from their legal representative with jurisdiction in Zimbabwe as yet. So by coming to you is a sign that they would like to play their court case in the public gallery as opposed to the proper channels, which to us points out to malice as opposed to seeking restitution.
“Let them proceed with the threatened litigation and we are ready to defend ourselves as we have not done anything wrong.” Show promoter, Conlious Mundoringisa, a Zimbabwean based in South Africa yesterday confirmed they were demanding R1,2 million for breach of contract.
“We have written to Courage (Fungisai’s beau-turned-manager) through our lawyers that she was in breach of contract and we want at least R1,2 million for damages.
“This follows reports that we used her name as a drawcard and yet she only advised that she would not make it on time six hours prior to the show,” Mundoringisa alleged. He said that Courage signed a contract to perform on April 30, 2011 during which time Fungisai was due for labour.
“He accepted the deposit and only informed us they wouldn’t make it for the gig six hours before the show. We paid US$1 300, which was 50 percent of what they wanted. The contract stated that the balance was payable any day before the show.
“Efforts were made to make a transfer on the 28th into a South African account that he had given us but he insisted he wanted cash. Later on, we had to avail cash in Zimbabwe after we borrowed from someone who is there but he (Courage) did not show up to collect it,” Mundoringisa alleged.
The somewhat controversial “Makomborero” singer was the main act and was expected to perform for at least three hours. Asked the reason for Fungisai’s no show, Mundoringisa said her pregnancy was due.
“Courage phoned me on the 30th (April) around 7am telling me that she was going into labour on that same day. According to us if they had informed us at least 24hours before or even the night before we could have postponed the concert and it would reduced damages on our part,” he said.
However, Sabastian who was the supporting act turned up five days before the concert as per the contract. Fungisai, though, talented, her rise to stardom is not without controversy. She has been through a lot of obstacles but has managed pull through and some of her songs such as “Ndiye Jesu” say a lot about her life experiences as a singer, mother and wife. The Herald
