A local musician is singing the blues, accusing Dusty Donkey Café of being an ass, cheating her out of P9, 600 after she signed a three-month contract to play at the popular tourist spot in Maun two years ago.
Freelance singer, Amanda Kubuitsile says she agreed to perform at the café, famous for its good food and vibes, five times a month, from June to August 2022.
The Mahalapye native was so keen to secure the gig that she charged P800 per show instead of her usual P2, 600 fee.
However, on 27 June, with no apparent explanation as to why, the restaurant’s owner, Jane Dweyer, sent Kubuitsile a WhatsApp text cancelling the deal, cutting the agreement short by a month.
“I am cancelling your contract, this will be your last month,” reads the straight-to-the-point message.
Dweyer further claims that for July, it was settled at the District Labour Office that Kubuitsile would be paid P2, 000 up front and then the remaining P2, 000 at the end of the month, after completing her five performances.
“She acknowledged payment but never came to perform” revealed Dweyer.
In their final submissions, the defendant’s attorney, Counsel Clifford Foroma noted Kubuitsile was given plenty of notice of the contract’s looming cancellation. He further pointed out there was no legal duty to give reasons for terminating the contract.
“On 11 July both parties agreed on how to settle at Labour office. That agreement supersedes any agreement they had prior. The matter was resolved, she cannot now come back and claim that she’s owed,” maintained Foroma.
He further told court he was at a loss as to how Kubuitsile came up with the P9, 600 fee (The Voice’s mathematicians similarly struggled to work it out, our limited maths having the figure at P10, 800).
Going on the offensive, the lawyer warned the artist they would be seeking compensation from her.
“We claim for the P2, 000 that was paid in July that she never worked for and whoever loses pays the legal costs,” said Foroma.
Sticking to her guns, Kubuitsile insisted she had been wronged.
“The contract was cancelled wrongly. I was supposed to be paid for the full month before being given the notice. I worked a week in July without any payment.”
The complainant argued she only agreed to perform for a discount on the understanding she had a three-month contract; once the deal was off, she was entitled to her normal, full-price fee for the six performance she fulfilled.
Kubuitsile has been advised to file her final submissions before 26 June, with the matter set for 10 July for judgment.
