Dear Dance Community

This correspondence serves as a follow-up on the Mr Phiri and company matter.

We note the comments made by Mr Phiri and company’s latest attack on the South African Dance Foundation and certain of its’ members personally and understand and acknowledge the impact it has on you.

It is not our intention to take any part in the mud- slinging contest fuelled by Mr Phiri and company. There are however a few facts and truths that need to be placed on record once and for all.

  1. SADF operates in a non-profit company registered on the 18th September 1998 as Dance Sport South Africa (DSSA), by virtue of and in accordance with, a court order granted by the High Court of South Africa, Gauteng Division, Johannesburg on the 16th October 2001, as the custodians of dance in South Africa.

  2. FEDANSA was never known as DSSA. SADF changed its brand name from DSSA in 2007, whilst still retaining the name of DSSA on company documents.
  3. SADF holds the registered trademark 2015/23082 in Class 41 for “DANCESPORT CHAMPIONSHIP” in relation to National Dancesport competition of Ballroom, Latin, Freestyle, Disco, Hip Hop, Wheelchair, Disabled, Traditional and Social dance style
  4. SADF holds the registered trade mark 2015/23083 in Class 41 for “SOUTH AFRICAN OPEN DANCE CHAMPIONSHIP” in relation to ballroom, Latin American, hip hop, street dance, traditional dances, Pro-Am and social dances.
  5. SADF brought an application for a final prohibitory interdict against Mr Phiri and his company to refrain from infringing on the afore-mentioned trademarks and to refrain from holding himself and his company out as the custodians of dance in South Africa, the application succeeded.
  6. Mr Phiri and company brought an application for leave to appeal this order, it was dismissed with costs.
  7. Mr Phiri is now petitioning the application that was dismissed, this petition is opposed and is still pending.
  8. Mr Phiri’s company is a Pty Ltd, operating for profit and not an Association, not for gain.
  9. SADF and its members have been defamed by Mr Phiri and company and are in the process of instituting legal action on the basis of defamation, injurious falsehoods and instigation.
  10. SADF will also proceed to institute legal action on the basis of passing off for damages being suffered by SADF.

We advise our members not to fall prey to Mr Phiri’s correspondence. We will continue to protect our rights and the rights of dancers in a befitting manner and in the correct forums.

_______________________________________________________________________

ISSUED BY:

MEDIA AND LIAISON OFFICE

SOUTH AFRICAN DANCE FOUNDATION