The tug of war over a digital publishing contract between amapiano sensation Musa Keys and distribution company Electromode has taken a twist with the 21-year-old filing an interdict application claiming it is within his rights to cancel the agreement.
The Selema hitmaker, whose real name is Musa Makamu, retaliated by filing a notice of counter-application on September 2, in light of Electromode taking the legal route to sue him for breach of contract and demanding R700 000 for the misdemeanour.
Makamu wants to consider that the agreement was reached within the confines of the Consumer Protection Act, which he argues empowers him to end the agreement. Electromode, however, has contended that he still owes them money for the services provided to him between April 2021 and May this year.
“At all material times, the applicant (Musa Keys) duly complied with the terms of the contract. On or about May 3 2022 and May 23 2022, respectively, the applicant through his management team, The T- Effect, validly cancelled the agreement between the applicant and respondent wherein it requested the respondent to inform its contractors in terms of clause 2.2 of the agreement to remove the applicant’s content from all platforms from the said date,” read the papers.
Makamu said he sought legal advice on the matter and, as a result, discovered that it was within his rights to cancel the agreement, which is described as the exclusive digital distribution contract.
“On May 24 2022, the respondent, through its attorney or record, addressed a letter to the applicant’s attorney and in terms thereof. The respondent was of the view that the applicant is not a consumer under the Consumer Protection Act and ought not to rely on the provisions of the said act.
On June 25 2022, the applicant, through his legal representatives, transmitted a letter to the respondent’s attorney of record, refuting its claims that the applicant is not a ‘consumer’ for the purposes of the act.”
Makamu further wants the court to order Electromode to pay damages to the tune of R463 050.30 for his portion of royalties while their agreement prevailed.
Makamu submits that the basis of the case has been laid and asks the court to grant the claim.
The notice further states that the applicant continues to suffer harm in that "the respondent is continuing to flight my artistic work on different platforms to the commercial advantage of the respondent and the respondent continues to benefit financially through the applicant’s creativity under the agreement that has been validly cancelled between the applicant and the respondent”.
He laments that Electromode has refused to effect payments, which is having a negative impact on his finances.
City Press could not get comment from both Musa and Electromode at the time of publishing. An update will be provided once comment is furnished.