Mariam Makeba performing at the Jazz Dome in Mary Fitzgerald Square at the Joy of Jazz festival that took place over the weekend in Newtown, Johannesburg.26/08/2007 Picture: Moeketsi Moticoe © The Times

'I don't have to give back the money'

This after the department withdrew its support of the event, saying Roda had botched it.

The department went to court yesterday to get an interdict against Roda. It announced on Wednesday that it would be pulling out of the weekend's concert because it had "not been provided with the necessary assurances as to the state of readiness that would have made this event possible".

The department says Roda lied about securing international artists for the event and that the artists knew nothing about it.

They included Manu Dibango, Angelique Kidjo and Salif Keita.

Yesterday, the North Gauteng High Court, Pretoria, ruled that Roda was not entitled to use the name or logo of the department to promote the tribute event.

Legal action to recover its funds from Roda were under way, the department's spokeswoman, Lisa Combrinck, said yesterday.

"We are going to pursue [Roda] for the R3-million that he had used towards the concert.

"He did not fulfil the contract requirements so we have to get the money back since we are not sponsors any more."

She said the department issued a summons "before the end of the day" demanding that the organiser return the money.

Combrink added that the department would "still honour Mama Africa for her everlasting contributions to our rich musical heritage in the near future" - but reiterated that it wanted no part of this concert.

After much venue-shuffling, the event was scheduled to take place at the Union Buildings, Pretoria, on Saturday.

Roda told The Times yesterday: "No, I don't have to give back the money."

He accused the department of "contacting [scheduled artists and asking them] to retract from the event".

Roda claims local artists Yvonne Chaka Chaka, Busi Mhlongo, Siphokazi, Ntando, Malaika and Dorothy Masuka will take to the stage.

"The event will continue as we planned. This is about Mama Africa, not for me. Why can't we just have this event . without all these disagreements? We have to honour her in dignity and respect," said Roda.

Makeba died on November 10 last year, aged 76.