Open Mic defeats Nomcebo in court
Grammy Award-winning singer Nomcebo Zikode has suffered a major legal blow in her long-running dispute with Open Mic Productions, after the Gauteng High Court ruled against her on May 9.
In a further setback, the court also ordered Zikode to deliver two commercially viable albums to the label before she can exit her contract.
The feud between Zikode and Open Mic dates back to 2022, sparked by tensions around the ownership and revenue from the global hit Jerusalema.
The dispute centered on whether Zikode co-composed the song with producer Kgaogelo “Master KG” Moagi, or if KG was the sole creator.
However, that specific issue wasn’t the focus of this particular legal case.
Instead, the court proceedings revolved around Bayethe, the song that earned Zikode a Grammy.
She had approached the court seeking to compel Open Mic to fulfill what she described as unmet accounting obligations.
Zikode requested financial transparency on a range of revenue streams, including earnings from song licensing, bookings, endorsements, and the physical sales of Jerusalema.
She also wanted disclosure on the royalties received by Master KG.
In December 2022, Zikode and Open Mic reached a settlement agreement, which the court later formalized. As part of the deal, both parties agreed that Zikode, through her company Emazulwini Productions, would enter into a 50/50 joint venture with Open Mic for future recordings.
The music would be released via Africori, which would act as a neutral facilitator between the two entities.
Nearly a year later, Zikode returned to court, claiming that Open Mic had not lived up to its accounting promises.
She also challenged the legal enforceability of the joint venture, arguing that she no longer wished to proceed with it.
The court dismissed her claims. In the judgment, it stated: “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.”
On the matter of the joint venture, the court was firm: “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.”
Reacting to the judgment, Open Mic Productions head Lionel Jamela did not hold back.
“I made Nomcebo. Today, she’s a millionaire because of the investment I made in her. Unfortunately, she had other intentions—she wanted to steal the Jerusalema song, but she failed,” Jamela claimed.
He continued: “When I met her, no one believed in her, but I took her under my wing and made her an international brand. I built her. I spent millions on her, but she turned against me. 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 I want 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.”
