TK Nciza wants R5m in Zahara lawsuit row

The legal dispute between former Gauteng ANC secretary Thembinkosi “TK” Nciza and arts activist Bandile Magibili has escalated to the KuGompo City high court, where Nciza is seeking a default judgment to compel Magibili to pay about R5m in a defamation claim.

The conflict stems from statements Magibili allegedly made during an interview on Podcast and Chill with MacG, hosted by MacGyver Mukwevho, in September last year. During the interview, Magibili is said to have claimed that Nciza was responsible for the 2023 death of singer Zahara, whose real name was Bulelwa Mkutukana.

Nciza, co-founder of TS Records, scouted Zahara in KuGompo City (then East London) in 2010. He was a mentor for her initially, but when she left TS Records their relationship became strained over allegations of unpaid royalties and exploitation.

According to Nciza’s court papers, Magibili made “defamatory and damaging accusations” suggesting that Nciza was behind Zahara’s death and saying he hoped her spirit would rise from the grave to haunt him.

Nciza argues that the statements are false, unfounded and harmful, painting him as a criminal.

His utterances have the effect of creating a public image that Nciza is a criminal, a murderer to be exact

—  Court papers

“His utterances have the effect of creating a public image that Nciza is a criminal, a murderer to be exact. The utterances are devoid of truth and are scandalous, defamatory and cause unnecessary harm to Nciza’s public image and reputation,” read the papers.

The Sunday Times has established that Magibili failed to file a notice of intention to defend the claim after summons was issued in November last year. Nciza’s legal representative, Dumisani Motsamai, said the summons required Magibili to indicate his intention to defend by February 18, which he did not do.

“A letter of demand was sent to him calling on him to retract the utterances and apologise. He failed to issue a retraction within the time stipulated and persists in that stance,” the papers state.

Nciza has now approached the court for judgment by default.

Magibili hosted music and poetry sessions in Buffalo City. Zahara performed at his events before being discovered by Nciza. She died in hospital at the age of 36 after complications linked to liver disease. Her manager indicated in 2019 that she suffered from liver disease linked to alcoholism.

In his founding affidavit, Motsamai states that the summons was served at Magibili’s residence in KuGompo City.

“On February 4 we, on behalf of our client, had the summons issued against Magibili. A notice of intention to defend was due on February 18. He did not enter such a notice. Accordingly, Nciza brought an application for judgment by default, as detailed in the application, to which this merit affidavit serves as support,” he said.

Nciza co-founded TS Records in 2001 with Sbusiso “DJ Sbu” Leope. He has been active in ANC politics, serving as provincial secretary for the ANC in Gauteng between 2022 and 2025. He was married to Mafikizolo singer Nhlanhla Mafu from 2004 until their divorce in 2019.