Grammy Award-winning recording artist Nomcebo Zikode is considering an appeal after losing her case against Open Mic Productions.
On Saturday, 10 May, she released a statement through her company, Emazulwini Productions.
She maintained that she has never received a cent for the hit song Jerusalema, and expressed disappointment at the Gauteng High Court judgment.
The statement reads as follows: “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.
“At the centre of this dispute is a glaring and distressing reality: Nomcebo has not received a single cent in recording royalties from Open Mic Productions for her iconic contribution to the global hit song 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.
“To date, Open Mic has not adequately accounted to her for revenues received from Jerusalema or other music released under the label. They have systematically sought to downplay her contribution and obstruct her professional progress, while continuing to benefit from her creative labour.
“The judgment is, in our respectful view, fundamentally flawed and deeply troubling. Nomcebo’s legal team is currently studying the full judgment, and an appeal is being actively considered.
“While we respect the role of the Court, we cannot ignore the bigger picture: this case represents more than a contractual disagreement; it is about the rights of an artist to be acknowledged, compensated, and respected for their work.
“Nomcebo’s battle 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.
“Nomcebo remains steadfast in her pursuit of justice.
“This decision, while disheartening, only strengthens her resolve to exhaust every available legal avenue until fairness is achieved. She is incredibly grateful for the continued support of her fans, peers, and the wider public, and urges the music industry to reckon with the systemic issues this matter brings to the forefront.
“Justice delayed is not justice denied. The fight continues, and Nomcebo will not be silenced.”
Earlier, Sunday World reported that Zikode had reached a settlement agreement with Open Mic, which was later made an order of the court.
Almost a year later, Zikode returned to court, alleging that Open Mic had failed to comply with its accounting obligations. However, the court rejected her claim.
She was further ordered to fulfil her obligations in terms of the court order.
It is worth noting that the court cautioned Zikode, stating that her application would not have succeeded in any case due to the incorrect legal procedure she followed, she used motion proceedings instead of action proceedings.
“The applicants (Zikode and Emazulwini Productions) confidently chose motion proceedings over action proceedings. Impliedly, the applicants did not anticipate a genuine dispute of fact, and if they did, they probably chose to live with the attendant risk.
“Motion proceedings are mainly concerned with the resolution of legal questions with little to no dispute of facts. They are not designed to deal with factual disputes.
“Zikode alleges that Open Mic has not complied, and on the other hand, Open Mic alleges it has complied. This is a genuine dispute of fact. On this basis alone, prayer 2 is bound to fail,” the court said.
The judgment was handed down electronically on Friday, 9 May.
