Controversial Shangaan disco music king Penny Penny has escaped a R1.5-million defamation lawsuit filed by Cassper Nyovest’s mother Muzuki Phoolo.
This comes after the magazine which published the article alleging Penny Penny was Cassper Nyovest’s father took full responsibility and offered to settle the matter out of court and to retract the story.
The magazine has offered Muzuki Phoolo R100000 in damages and will also pay for her legal costs, which are believed to be more than R100000 as a settlement.
Penny Penny, whose real name is Eric Nkovani, confirmed he had escaped the R1.5-million bill.
“I spoke to the lawyer of Cassper’s mother and she told me that the magazine has offered to pay her and to apologise for the story,” he said.
He said he was consulting with his lawyers to find out if he too was entitled to a settlement because he was also a victim of the article, as he had been misquoted.
“I also want to be paid because they wrote about me,” he said.
He said he had suffered the same pain as Muzuki Phoolo and should therefore be treated the same.
Penny Penny, who last weekend revealed he had ventured into house music, told Sunday World he made it clear from the beginning that he never said “I am Cassper’s father. I have my own 18 kids whom I support. It seems like people wanted to sell Cassper to me. I don’t buy kids, I make them”.
According to court papers seen by Sunday World, Penny Penny has not filed a notice to defend the lawsuit by Muzuki Phoolo.
“I wanted to be a witness in the case, but Cassper’s mother refused. I wanted to do that because I don’t have money to waste on lawyers while I could use it to support my kids,” said the Shaka Bundu hit maker.
The ANC councillor also said he was happy the matter was close to finality because it was not good for his image and music career.
“I want to be known for my music, politics and others things, but not this issue of being given a son.”
According to court papers, the proposed settlement reads as follows: “Be pleased to take notice that the first, second, third, fourth and fifth defendants, without prejudice, as an offer of settlement, tenders to pay the sum of R100000 in full and final settlement of the quantum of the plaintiff.”
However, before the proposed settlement, the magazine had indicated through its lawyers that it intended to defend the lawsuit, saying they stood by their article and interview with the choir master on Mzansi Magic’s popular show Clash of the Choirs.
The publication admitted in court papers they did not verify the contents of the story with Cassper’s mother.
They put the blame on Cassper, claiming he had refused to give them his mother’s contact details.
“The media defendants admit that they did not verify the contents of the article with the plaintiff, but deny that they were under any legal duty to do so.”
Connie Phakedi, of Phakedi Attorneys, who represented Cassper’s mother, confirmed her client had received a settlement offer from the magazine.
“Yes, I can confirm we received an offer, but I’m still to consult with my client for instructions. But remember my client indicated from the beginning that she is not after money, but wanted to clear her name,” Phakedi said.
Cassper’s mother denied all allegations and said her son was not born out of wedlock and his father is Letsebela Phoolo.