Grammy-winning artist Nomcebo Zikode has lost yet another round in her ongoing legal clash with record label Open Mic Productions.
On May 9, 2025, the Pretoria High Court dismissed her application for leave to appeal, further dimming her chances of turning the case in her favor.
The court ruled that Zikode’s appeal had no reasonable prospect of success.
Judge Graham Moshoana, who delivered the ruling, noted, “The enquiry will be limited to the question of whether the appeal, if leave is granted, would have a reasonable prospect of success.”
He added that after reviewing the submissions, the court could not find grounds that could successfully challenge the initial judgment.
As a result, Zikode and her team were ordered to pay the legal costs of the application.
While many assumed the battle was about the global hit Jerusalema, the dispute brought before the court was instead centered around the song Bayethe.
The judge pointed out that Zikode’s team had chosen the wrong legal route by pursuing motion proceedings rather than action proceedings.
“Motion proceedings are not designed to deal with factual disputes,” he explained, citing the clear disagreement between Zikode and Open Mic over whether the label had fulfilled its contractual obligations.
Despite the procedural missteps and the court’s clear stance, Zikode has remained resolute.
She described the judgment as “fundamentally flawed and deeply troubling,” and her legal team is said to be exploring further appeal options.
“While we respect the role of the court, we cannot ignore the bigger picture,” she insisted.
“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.”
Open Mic’s Lionel Jamela responded bluntly to the ruling, claiming Zikode was warned about the risks of pursuing the case.
“It was obvious from the beginning that she had no case. We even told her she’d end up spending more money, but she refused to listen,” he said.
“Our door remains open. She just needs to calm down so we can find a solution. But if she wants to keep fighting, that’s her choice.”