A Tshivenda singer and the secretary of the Vhembe Music Association (VMA), Tshidino Ndou, said he would never allow himself to be gagged.
This came after Tshidino had taken to social media to criticise the way the Tshivenda Music Awards (Tshima) were being run. He said the selection process was not transparent and local artists were not well treated.
However, the organiser of the Tshima Awards, Mr Augustine Nethononda, acting through his lawyers Dabishi Nthambeleni Inc, issued Tshidino with a letter, dated 29 August this year, to demand that he withdraw his "defamatory remarks".
According to the lawyers, Tshidino had publicly posted a defamatory statement about Nethononda on his Facebook page (Tshidino Ndou). "You have publicly defamed our client (saying) that he is corrupt and he has paid bribe(s) for the music awards in order to favour or to the advantage of other or certain musicians," reads the letter from the lawyers.
The lawyers then instructed Tshidino to "withdraw the false statements (he) made against (Nethononda) publicly on the same Facebook account or platform unconditionally with 48 hours of the receipt of this letter of demand [...]".
Ndou was also told that if he failed to withdraw his statement, Nethononda would then demand R600 000 for defamation. "If the demand […] is met unconditionally our client intends not to take this claim further," say the lawyers. "The apology and withdrawal of the defamatory statement must stay on the page or platform for 30 days."
The lawyers state that if Tshidino fails to meet the demand they will issue a summons.
Tshidino, however, states that he publicly apologised and withdrew the "defamatory statement against Nethononda" on 29 August but, in the same statement, wrote that Nethononda must also apologise to him for posting a similar statement about him on the Tshima Facebook page.
"Nethononda and I had exchanged harsh words on Facebook and so he equally owes me an apology," he said. "I was only disturbed that Mr Nethononda always insulted artists on the social networks. After receiving a notice from his lawyers, I requested them to instruct him to withdraw all defamatory remarks about me as an artist or else I would also take legal steps. But so far Nethononda has not done as I requested his lawyers. He must apologise – I won't be a sacrificial lamb!"
When contacted for comment, Dabishi Nthambeleni Inc.'s representative, Mr Mukhethwa Nthambeleni, said that their client opted not to comment on the matter. "We can only confirm that we have instructions to sue for defamation and the process is ongoing," Nthambeleni said.