Zimbabwean businessman Robin Vela is suing R&B singer Joseph Thomas for US$1.5 million for failing to perform at his 50th birthday gala dinner in July at the Sun City Resort in South Africa.
Vela allegedly paid Thomas US$75 000 in appearance fees. The money also included security costs, and travel expenses covering the star’s 13-member band.
Joe was supposed to perform along with 2019 “America’s got talent” finalist group, Ndlovu Youth Choir; Zimbabwean award winning gospel diva, Janet Manyowa amongst others.
Thomas’ lawyer Gerald Isaac of Gerald Isaac Management Group has already been served with a letter of demand by Vela’s counsel, Eric Fishman, a litigation partner at New York-based firm, Pryor Cashman LLP.
The matter has also been reported to police in South Africa.
Below is the full statement.
As you are aware, Rob Vela hired Thomas to perform at an event celebrating the 50th birthday of Robin Vela.The event was a one-off celebration scheduled to take place at the Sun City Resort in South Africa on July 16, 2022, and you understood that hundreds of guests – most of which were global corporate leaders and ultra-high net worth individuals travelling from international locations – would attend the event.
You also knew that Thomas was one of the headline entertainers of the event. The parties executed the Performance Agreement on or about February 3, 2022. Under the Performance Agreement, Thomas agreed to perform one concert on the evening of July 16, 2022.
In exchange, Rob Vela agreed to pay Thomas a US$75,000 performance fee, in addition to payment for: ‘sound, lights, back-line, mutual agreeable hospitality, two first class air-tickets, 12 coach/economy tickets, hotel rooms (one 5-Star Suite and 12 King) security, and local ground transportation.
In the event that artist was unable to perform because of sickness or accident, then Rob Vela had the option to either re-schedule or receive a full refund.
You failed to perform any of your obligations. On July 12, 2022, after business hours in South Africa, Isaac called Vela and informed him that Thomas could not travel to the event because he contracted Covid-19.
This was less than two days before Thomas and his entire entourage – including Isaac – were due to arrive in South Africa. Vela asked Isaac to provide proof of Thomas’ positive Covid-19 test, but Isaac refused.
This letter gives you one last opportunity to do the right thing and make Rob Vela whole for the losses incurred. Thus, in order to avoid a legal dispute, we hereby demand the payment of US$368,759.55 by no later than August 10, 2022.
