SA: Nomcebo Zikode ordered to deliver two albums after losing court battle

The judgment, handed down on 9 May, marks the latest chapter in a long-running legal dispute between Zikode and Open Mic, which began in 2022. While the core of their disagreement centres around the global hit song ‘Jerusalema’ – specifically, whether Zikode co-composed the track with producer Master KG – the court was not asked to decide on that matter.

Instead, Zikode had approached the court over issues related to her Grammy-winning song ‘Bayethe’, seeking to compel Open Mic to meet its contractual accounting obligations. She requested full disclosures on revenue streams including synchronisation income, bookings, endorsement deals, physical sales of ‘Jerusalema’, and royalties paid to Master KG.

In December 2022, the parties reached a settlement that was made an order of the court. The agreement included a provision that Zikode, via her company Emazulwini Productions, would enter into a 50/50 joint venture with Open Mic for future recordings, to be released through Africori.

However, nearly a year later, Zikode returned to court, arguing that the joint venture agreement was not legally enforceable and expressing her wish to terminate it. The court dismissed her application, stating:

“The Honourable Court can accept that everything Open Mic ought to have provided to the applicants has been provided. A link to access Open Mic’s accounting records was sent to the applicants. The information pertaining to the synchronisation of the sound recordings was appended to the answering affidavit.”

“Zikode has made an agreement to enter into a 50/50 joint venture. This Court cannot declare that Zikode is not bound by the obligation she agreed to. Such a declaration would contradict the constitutionally valid common law principle that agreements must be kept.”

In addition to the ruling, the court ordered Zikode to deliver two commercially viable albums to Open Mic — one in 2026 and another in 2027 — before she can be released from her contract. Failure to do so could result in her being held in contempt of court.

Open Mic Productions’ managing director Lionel Jamela welcomed the judgment, saying he had always believed in the strength of their case. He claimed he had invested heavily in Zikode’s career, saying she became a millionaire as a result of the label’s support. He added that despite her attempts to “steal” ‘Jerusalema’, the court had upheld the original agreements.

“Despite this case, she still needs to give me two albums before she can do whatever she wants. Otherwise, she’ll be in contempt of court. I don’t want just any albums, but commercial ones. The first album should be released in 2026, and the second in 2027. So she must stop, we’ve got work to do,” he told local media.

He also noted that he would be conducting a full audit on Zikode to determine any outstanding financial obligations.

Zikode responds to High Court ruling, calls judgement “flawed and troubling”

Zikode has expressed disappointment following a recent ruling by the High Court in Pretoria, which ordered her to deliver two albums to Open Mic Productions.

In a statement issued through her managing company, Emazulwini Productions, Zikode described the judgment handed down on 9 May 2025 as “fundamentally flawed and deeply troubling”.

“Nomcebo Zikode and her record label, Emazulwini Productions, are deeply disappointed by the ruling handed down on 9 May 2025 by the High Court in Pretoria, in the matter involving Open Mic Productions and Africori SA,” the statement read.

The statement criticised Open Mic Productions for what it described as a lack of transparency and accountability, particularly in relation to the global hit ‘Jerusalema’.

“Despite her pivotal role in a cultural milestone that united and inspired millions across the globe, she continues to face a lack of transparency and meaningful accountability from those who have profited from her work,” it continued.

It further alleged that the label had “systematically sought to downplay her contribution and obstruct her professional progress while continuing to benefit from her creative labour.”

Zikode’s legal team is currently reviewing the judgment, with an appeal “actively considered”. While acknowledging the authority of the court, the statement stressed that the case was not merely a contractual dispute but “about the rights of an artist to be acknowledged, compensated, and respected for their work”.

According to Emazulwini Productions, Zikode’s legal battle highlights broader industry concerns, stating that her case is “emblematic of the struggle faced by countless artists across the continent who are locked into unfair deals and denied their rightful earnings by powerful corporate entities”.

In a 2022 interview with Music In Africa, then Open Mic’s managing director Nkateko Maluleke said the rights to ‘Jerusalema’ were firmly held by the label. He explained that both artists – Zikode and Master KG – were signed to Open Mic at the time of the collaboration, meaning all work fell within the scope of existing recording agreements.

Maluleke had said that Open Mic owned the master recordings, and that claims of conflict between the artists were unfounded. He stated that one of the artists –  referring to Zikode –  had been poorly advised on how corporate ownership works in relation to the song. He added that, upon joining Open Mic Productions, he reviewed the advice Zikode had received and believed that a better outcome could have been reached if discussions had happened earlier.