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 18^th 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 16^th 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.

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ISSUED BY:

MEDIA AND LIAISON OFFICE

SOUTH AFRICAN DANCE FOUNDATION

The South African Dance Foundation wishes to hereby announce to the South Africans in general and dancers/athletes in particular that the judgement handed down by the High Court of South Africa, Gauteng Division, Pretoria on 25^TH of January 2022 regarding the status of Dance and DanceSport in South Africa is upheld by the same court. The Application for Leave to Appeal from “DSSA” was dismissed with costs on 24^TH June 2022. This means that “Dancesport” is not allowed to take the Application on Appeal, as the learned Judge considered there to be no prospects that another Court will come to a different conclusion, should the matter be taken on appeal. Therefore, the prayers granted in favour of the South African Dance Foundation on 25^THJanuary 2022 stand, that:

• The First Respondent (Thabo Phiri) and Second Respondent (DSSA) shall refrain from using the name DanceSport South Africa (DSSA).
• The First and Second Respondents shall refrain from presenting themselves as the custodians of dance in South Africa under the name DSSA.
• The First and Second Respondents shall refrain from organizing any Dance Competition or Championship at Provincial or National level with respect to the genres Ballroom, Latin, Freestyle, Disco, Hip Hop, Wheelchair or Disabled, Traditional, Social Dance style under the name DSSA.

The South African Dance Foundation is humbled by the judgement as it is viewed as a force for the unity of Dance as an Artform and Sport under one umbrella. South Africans can therefore be assured that this aim is not intended to divide the dancers/athletes, but to bring about a true transformation agenda. While the SADF strives for unity in Dance, we need to at all times comply with relevant laws and court orders.

Our goal remains the same since the first judgement of 2000, which is to administer, develop and promote dance as an art and sport in South Africa and to regulate all matters of dance under one umbrella. As such, the South African Dance Foundation will be meeting and talking to all dancers, all dance organisations, all dance supporters and sponsors to unify Dance on a national level. We extend a warm welcome to all the Dance Associations to join our progressive Dance Association.

The judgment is annexed hereto for ease of reference.

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ISSUED BY:

MEDIA AND LIAISON OFFICE

SOUTH AFRICAN DANCE FOUNDATION