Gospel choir sued for R1m over breach of contract

Revered gospel choir Barorisi Ba Morena has been slapped with a R1-million lawsuit by companies owned by SABC news presenter Mpho Tsedu and the late record company owner Melvin Khumalo.

Tsedu and Khumalo's companies Mpho Tsedu Production and Gazaza Music took the award-winning ensemble to the South Gauteng High Court in Joburg on Friday for a breach of a contract they entered into eight years ago.

Tsedu declined to comment.

"Don't drag my name into things that have nothing to do with me," he said.

Barorisi Ba Morena, who belong to Jacobs Saviours Church in Naledi, Soweto, could not be reached for comment at the time of going to press.

According to court papers seen by Sunday World, the popular gospel group signed an exclusive artist agreement with Tsedu and Khumalo's companies on August 14 2009 to record three albums and a DVD for them.

But, the group allegedly breached the contract when it only recorded five songs.

The companies tried in vain to convince the act to honour its contract. "Later in 2009 plaintiffs contacted the defendant in order to establish if the defendant is still coming to record, the defendant informed the plaintiffs that they are not going ahead with the recording. The plaintiffs endeavoured to establish what was the challenge, however the defendant advised that they would revert to the plaintiff, which they never did," read the documents.

The companies held a meeting with the group in 2011 in which it agreed to adhere to the terms of the contract as the former had suffered monetary loss.

When the group reneged on the agreement, the companies appointed mediator Hloni Mokwena.

The group said it would propose an offer to the companies to settle the matter but failed to do so, according to court papers. What broke the camels's back was when the companies discovered that the group was recording an album elsewhere.

The companies's lawyers wrote a letter to the group on May 9 this year and instructed it to desist from doing so but it ignored it and went ahead with the recording.

"On or about the 28th July 2017, the plaintiffs were informed . that the defendant had recorded a new album, and that the defendant was marketing it on social media.

"The plaintiffs .went to Downtown Studios, as it was where the defendant was recording, and confirmed with [the person] responsible for the studio bookings, that indeed the defendant recorded the album as alluded. Further it was brought to the plaintiff's attention . that the album was to be released on the 1th of August 2017 (sic)," read the document.

The companies said as result of the group's failure to adhere to the contract, they are demanding R1-million in damages plus interest and legal costs.