Music executive and Afrotainment founder DJ Tira has taken legal action against podcaster Sandile Makhanya, popularly known as Fly Motion, following comments allegedly made during an interview on the On Point With Sandy Nene podcast, broadcast by Nawe Upopile Studios.
A letter of demand from Nhlapo Attorneys, acting on behalf of DJ Tira, accuses Makhanya of making false and defamatory statements that allegedly damaged the award-winning producer’s reputation and business interests.
According to the legal letter, the attorneys contend that several statements made during the podcast created the impression that DJ Tira was associated with abusive and criminal conduct, despite there being no factual basis for such allegations.
The lawyers allege that Makhanya suggested people remained silent because they wanted “to protect themselves from being looked bad by these abusers.”
The letter further claims that Makhanya went on to state that people protect “bad people,” while mentioning paedophilia and those who abuse women.
Nhlapo Attorneys argue that these remarks would naturally lead listeners to associate DJ Tira and his record label, Afrotainment, with “such serious criminal and immoral conduct.”
The attorneys also take issue with Makhanya allegedly stating that he “knows” DJ Tira does not like him, saying no factual basis or evidence was provided to support the claim.
“This confirms to the listener that all the things you have mentioned above was directed to our client,” the letter states.
Another allegation raised in the legal demand concerns comments that Afrotainment was “no more.” According to the attorneys, there has been no public announcement or factual basis indicating that the company has ceased operations.
“The cumulative effect of these statements is plainly defamatory. They portray our Client as an abuser, a person associated with criminal and immoral conduct, and the owner of a defunct business. These allegations are false and have no factual foundation,” the letter reads.
Nhlapo Attorneys argue that the statements are capable of lowering DJ Tira “in the estimation of the public,” damaging his personal reputation and undermining confidence in his business.
“Our Client derives his livelihood from his standing in the entertainment industry, including his relationships with artists, business partners, sponsors, and the public. The publication of these statements has the potential to cause him substantial financial loss, including the loss of current and prospective artists, commercial opportunities, and contractual relationships,” the attorneys state.
The lawyers further contend that Makhanya’s conduct constitutes “the unlawful publication of defamatory statements” under South African law.
In the letter, DJ Tira’s legal team demands that Makhanya immediately cease and desist from making or publishing any further allegedly defamatory statements about the musician or Afrotainment.
The attorneys have also called for the removal, where reasonably possible, of all existing publications, recordings, clips and social media content containing the statements in question.
In addition, they demand that Makhanya publish “a full and unequivocal retraction and clarification,” acknowledging that the statements concerning DJ Tira were false, misleading and made without factual basis. The retraction, they say, should be published in substantially the same manner and with equivalent prominence as the original publication.
The letter also requires Makhanya to provide a written undertaking within seven days confirming compliance with the demands, failing which DJ Tira’s legal team says it has instructions to enforce its client’s rights through further legal action.
At the time of publication, Fly Motion had not publicly responded to the letter of demand.
