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News Date: 31 August 2012
Musicians in Vhembe have given the Department of Justice 14 days to act on their demands, including the investigation of a prosecutor who had withdrawn a case of assault by alleged pirates, who had allegedly assaulted the Tshivenda musician Tendani Nephawe, popularly known as Mutendas.
Mutendas was assaulted by pirates, who are known as AmaTen Ten in Thohoyandou, a fortnight ago. This led to an uproar in the music industry and hundreds of practitioners in the entertainment industry in Vhembe took to the streets. They were armed with an assortment of musical instruments and placards. The marchers beat drums and sang freedom songs from the bus rank, through the streets to the Magistrate’s Court, where they handed over the memorandum.
In the memorandum submitted last Wednesday, the musicians demanded that the case involving the assault on Nephawe be reopened and investigated. “We demand that your prosecutor, Paul Muruba, who has withdrawn the case involving the assault on Nephawe, be investigated as well as other withdrawn piracy cases,” reads the memorandum.
According to the memorandum, the musician “also demand strict prosecution and conviction of illegal and unlawful music pirates.”
Veteran musician Roxley The Bishop Masevhe said piracy had left many musicians poor. “Some musician have died and were buried as paupers because of piracy,” said Masevhe. He said there was a high level of unwillingness from the justice system to assist artists in their fight against pirates. “We have noted with concern that safety and security do their work, but the justice department allows culprits to walk scotfree,” said Masevhe.
They allege that some prosecutors might be receiving bribes, which leads them to withdraw cases involving the sale of pirated music in Thohoyandou.
Upon receiving the memorandum, senior prosecutor Mr Brian Pels said the department would look at their demands. He said the cases they had highlighted had been brought to his attention. “I met some of the musicians last week and I explained to them the procedure. I can now assure you that we have referred back those cases to the police for reinvestigation,” he said, much to the delight of the marchers.
From there, the marchers left peacefully after it was agreed that a mass meeting involving all artists is to be convened urgently to look at the plight of the musicians.
It was also indicated that the Thulamela Municipality was unwilling to work with the artists. The municipality now bars musicians from promoting their music in town, while their music is being sold on street corners by the pirates.
Elmon Tshikhudo started off as a photographer. He developed an interest in writing and started submitting articles to local as well as national publications. He became part of the Limpopo Mirror family in 2005 and was a permanent part of the news team until 2019. He currently writes on a freelance basis, covering human rights issues, court news and entertainment.

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