The global hit song Jerusalema by Master KG (Kgoagelo Moagi) and Grammy Award-winning artist Nomcebo Zikode not only took the world by storm with its infectious rhythm and dance but has now become the centre of a copyright battle in South Africa. The dispute highlights critical issues in the music industry, including artist compensation, contractual obligations, and the enforcement of intellectual property rights.
The dispute revolves around the ownership and revenue-sharing of Jerusalema, a song that amassed over 158 million YouTube views and became a cultural phenomenon. Nomcebo, claimed she was not properly credited or compensated for her contributions to the song. Master KG’s record label, Open Mic Productions, countered that the agreements in place were binding.
The recent court ruling in Nomcebo Nkwanyana & Emazulwini Productions v Open Mic Productions & Africori SA (Case No: 098393/2023) saw the legal battle reach its latest climax when the Gauteng High Court dismissed Nomcebo’s application, ruling that she must fulfil her contractual obligations by delivering two more albums to Open Mic before being released from her contract.[1]
As established in Eke v Parsons (2016), settlement agreements must be enforced as binding contracts.[2] The court emphasised that once a settlement agreement is made an order of court, it carries the same weight as any other judicial order. The agreement between Nomcebo and Open Mic included a clause requiring her to enter into a 50/50 joint venture for future recordings.
- Court’s Holding: The agreement was not an “agreement to agree” (an unenforceable term) but a binding obligation to collaborate on future projects.
- Legal Principle: Pacta sunt servanda (agreements must be honoured) applies unless the contract is lawfully cancelled or varied.
“The clause impugned does not amount to an agreement to agree. It is a valid, enforceable agreement to jointly deliver two albums using the JV only as a vehicle.” – Moshoana J, Gauteng High Court.[1]
Nomcebo sought a declaratory order to nullify her obligation to enter into the joint venture and a mandamus (a court order compelling action) to force Open Mic to provide detailed financial records. However, the court rejected this request for the following reasons:
- A declaratory order was inappropriate because the contractual terms were clear.
- A mandamus is typically used to enforce public or statutory duties, not private contractual obligations.
- “The remedy available for non-compliance with court orders is contempt proceedings.” – Moshoana J, Gauteng High Court.[1]
The court’s criticism of Nomcebo’s legal team for poor pleading and unprofessional conduct, aligns with precedents like Public Protector v Section 194 Committee (2024), which underscores the importance of professional conduct in litigation.[3] The matter was referred to the South African Legal Practice Council for review.
Although the court ruled in Open Mic Production’s favour, Master KG still finds himself embroiled in legal woes over the hit song Jerusalema, as South African musicians Charmza the DJ (Ntimela Chauke) and Biblos (Presley Ledwaba) have filed a lawsuit against Master KG’s label, Open Mic Productions, and music distributor Africori SA, accusing them of copyright violations related to the hit song.
The legal dispute has spanned half a decade, with Charmza the DJ asserting his right to royalties from the widely popular 2020 track. The case is scheduled for hearing at the Pretoria High Court from 17 November 2025.[4]
The Jerusalema disputes serve as a cautionary tale for musicians and content creators. These cases highlight broader Implications for the South African music industry. They underscore the need for written, unambiguous agreements between artists and labels. Many disputes arise from oral agreements or poorly drafted contracts. Therefore, it is important that:
- Artists ensure they retain rights to their work and receive fair royalties.
- Labels invest in production and distribution, but they must also honour contractual obligations.
For artists navigating South Africa’s evolving copyright landscape, proactive legal protection is crucial before a song becomes a hit.
Secure your creative works by contacting Tshaya Mashabela Attorneys for expert legal consultations.
Author: Ntombi Nondaba | Marketing Officer
Approved by: Nicolette Biggar | Senior Consultant Attorney
References:
- Nomcebo Nkwanyana & Emazulwini Productions v Open Mic Productions & Africori SA (Case No: 098393/2023) – Gauteng High Court Judgment (9 May 2025).
- Eke v Parsons 2016 (3) SA 37 (CC) – Enforcement of settlement agreements.
- Public Protector v Section 194 Committee [2024] 4 All SA 693 (SCA) – Professional conduct of legal practitioners.
- https://www.timeslive.co.za/tshisa-live/tshisa-live/2025-03-24-charmza-the-djs-lawyer-takes-on-case-pro-bono-as-jerusalema-dispute-finally-heads-to-trial/
