Award-winning singer Ami Faku has suffered a setback in her ongoing legal battle with her former manager and record label owner, Raphael Benza, after the Johannesburg High Court dismissed her urgent application with costs.
The court ruling, handed down on Wednesday, marks the latest chapter in a dispute that has stretched on for more than two years between the singer and Benza’s company, The Vth Season, over the termination of their artist agreement.
Faku had approached the High Court seeking an interdict to prevent Benza and his company from allegedly informing publishing and distribution companies, as well as the public, that she remained bound by artist agreements signed in 2018 covering her musical works, including her album Ezikude and the single Ndisize. She indicated that her artist agreement expired in September 2023 after the contract term and option periods came to an end.
In her urgent application, Faku argued that the Benza have been warning major music distributors, including LVRN, Platoon, Empire and Africori, that she remains bound by artist and publishing agreements concluded in 2018 and that signing any deal with them would be risky. These representations have discouraged distributors from working with her and have jeopardised the release of her latest album, Ezikude, and her single Ndisize.
Reports indicated that Raphael Benza did not view the outcome as a victory as they were never at war are are appealing with her to settle out of court.
The legal dispute stems from disagreements over the parties’ contractual relationship. Last month, Faku launched the urgent application, accusing Benza and The Vth Season of interfering with her career by claiming exclusive rights over her music and asserting that she remained contractually tied to the company.
Faku said she also repeatedly demanded an accounting of royalties and revenue generated from her music but did not receive these.
Benza denied the allegations and maintained that his company had spent years trying to reach a settlement that would formally release the singer from their relationship.
According to Benza, the company has repeatedly offered Faku a settlement agreement that would allow her to sign with another label, provided she waives any future claims against The Vth Season. He has also previously denied contacting distributors or attempting to block her from releasing new music.
Cece Smith 