SA: Nomcebo Zikode suffers another legal defeat in dispute with Open Mic

Zikode’s legal dispute with the record label dates back to 2022. On 9 May 2025, the court ruled in favour of Open Mic Productions, and on 24 July, it dismissed her attempt to appeal that decision.

In court documents obtained by local media, High Court Judge Graham Nasious Moshoana found that the proposed appeal lacked reasonable prospects of success. He also ordered Zikode and her company, Emazulwini Productions, to cover the legal costs of the application.

“The enquiry will be limited to the question of whether the appeal, if leave is granted, would have a reasonable prospect of success,” the judgment reads. “Having perused the application for leave to appeal and the written submissions of the parties, and having considered all the grounds presented to challenge the judgment and order, this court is not of the opinion that the appeal has reasonable prospects of success.”

The court added that the applicants were to “jointly but severally” pay the legal costs, meaning either party may be held fully responsible for payment.

Although the public dispute has often centred on the global hit ‘Jerusalema’ – particularly whether Zikode co-composed the track with producer Master KG – this particular case related to a different song, ‘Bayethe’. Zikode brought the matter to court in an effort to compel Open Mic to fulfil its contractual obligations relating to that release.

However, the court criticised her for choosing the wrong legal procedure. Judge Moshoana said that Zikode and Emazulwini Productions had pursued motion proceedings, which are typically reserved for matters involving clear legal issues without factual disputes.

“The applicants confidently chose motion proceedings over action proceedings,” the judgment reads. “Impliedly, they did not anticipate a genuine dispute of fact. If they did, they chose to live with the attendant risk.

“Motion proceedings are not designed to resolve factual disputes. Zikode alleges Open Mic has not complied, while Open Mic contends it has. This is a genuine dispute of fact. On this basis alone, her request was bound to fail.”