Aggrieved singer Nomcebo Zikode is refusing to fulfil her contractual obligations, despite a court order compelling her to comply with a settlement agreement.
Zikode has acknowledged that she owes Open Mic Productions two albums and that she is legally obligated to deliver them as per the court order. However, Zikode is insisting that she has no intention of doing so until the label pays what she believes she is owed.
Open Mic withheld statements
Speaking to Sunday World, she said: “My contract stated that I should receive a statement every three months, which I did not receive.
“To add to the contract issue, as much as I do owe two albums, I do not see a reason to fulfil those obligations. With… my first album, Open Mic failed to account for my royalties as the contract required. Why would I continue working for people who are robbing me?
“I respect the courts, but I am disappointed because I did not get transparency from Open Mic. I believe justice needs to prevail. My disappointment goes without saying. Because I still do not have an answer regarding the lack of transparency … in my former working relationship with Open Mic. I am disheartened by this, but I remain hopeful that, above all, justice shall prevail.”
Lost case against record label
Sunday World reported at the weekend that Zikode lost her case against Open Mic Productions. The court criticised both the legal procedure she followed and the conduct of her lawyer. It also emphasised that she cannot avoid her obligations, as she is now bound by a court order.
But Zikode remains defiant.
“What’s important to note is that Open Mic has not paid me a cent of the royalties they legally owe me for Jerusalema. I have also not been paid my royalty rate from my first album, Xola Moya Wam. This was stipulated in the contract.
“Before the matter even became legal, I repeatedly asked the label for the royalties I am owed. But they kept saying there was no money. According to Open Mic, money was only generated when CDs were sold.”
Rejected label’s out of court offer
She also rejected Open Mic’s offer to resolve the matter out of court.
“My legal team is actively considering an appeal. Open Mic is welcome to resolve this outside of court by simply paying me what I am owed. They have never done so and still refuse to.
“It is not for me to resolve the issue when Open Mic is the party that has not paid me a cent. This is despite a 2022 court order requiring them to pay me what I am legally owed from Jerusalema. I remain committed to standing up for myself. And for every artist who has ever felt exploited or silenced,” Zikode said.
Yesterday Sunday World reported that Lionel Jamela, an executive at Open Mic Productions, was adamant. He stated that “Zikode owed the company about R1.5-million in legal fees, and we want all that money back”.
“Had she won the case, she’d also be celebrating and demanding her legal fees from us. Unfortunately, it’s the risk she took,” said Jamela.
