Spotlight on Zahara’s royalties battle against TS Records over the years

“Mali mali mbangi yezono [money root of all evil/sins.” This is a chorus line from one of the award-winning singer Bulelwa “Zahara” Mkutukana songs released in 2015 to shed light on the troubles of the music industry.

The 36-year-old songstress died on Monday after several weeks in hospital. As her life was being celebrated on Tuesday her vocal fight for “fair” remuneration against her first record label, TS Records, which recorded her first successful album, Loliwe, dominated the headlines.

For years, the musician from Phumlani Village on the outskirts of East London spoke with pain about remuneration under TS records, decrying being underpaid despite her albums flying off the shelves. The record label was owned by businessman and politician Thembinkosi “TK” Nciza and entrepreneur Sibusiso Leope, known as DJ Sbu.

Zahara left the label in 2017. Though expressing love and respect for Nciza and DJ Sbu as people who helped her become a household name in SA, over the years the singer spoke about her financial struggles and pinned them on TS Records.

“They still owe me, for real. At the end of the day, they know what they did. They could charge for gigs R80,000 or R120,000 with the full band or R100,000. I used to get R15,000, but even that I had to beg for,” Zahara said in her Channel-O interview with MacG on Podcast and Chill two years ago.  

For most of her debacle with the music label Zahara said she lacked funds to take the company to court to prove her case. Last year, she said there were lawyers who offered to help her legal battle. 

“I'm coming for everything. I've got a lawyer who is going to do everything for me pro bono. Every cent, from everywhere,” she said.

In an interview with Newzroom Afrika last June she detailed how she used the song titled Imali to paint a picture of problems artists and other creatives faced in the business of fame.

“I saw in this industry that money is a problem,” she said.

She said speaking out against the record label was difficult move for her.

“I knew it would be hard because it is not easy for us as artists to actually go out there. Don’t be scared to go out there and say you are broke. Don't be scared to say you do not have money for bread tomorrow. We are like you, you come to the office and make millions for the company and you walk away end of the month with R10,000. It is like that with us artists.”

The passionate singer died before the royalties debacle reached the courts for evidence to be tried and tested.

The co-owner of the music label, DJ Sbu, in an interview with Massiv Metro in 2021, defended the company, saying Zahara was not underpaid.

“If you go to the books at Universal Music, she owes us money. Zahara was getting paid 50% royalty rate and TS Records was getting paid 50%. It wasn’t supposed to be like that, the contract was that she was supposed to get a little bit less and the company gets a little bit more,” DJ Sbu said. 

Zahara was not the only artist who left the company contesting royalties. In 2007, Afro-pop singer Ntando Bangani and kwaito star Siphiwe “Brown Dash” Mpamile left in similar circumstances.

DJ Sbu claimed when Zahara left the company she was a millionaire.

“She knows that she was a millionaire when we parted. She had her car, an Audi. She had money. I do not know what went wrong in 2012-20. I am the bad guy now, I am the one who chowed people’s money. It is unfair [to say so]. I do not want to blame her because we all made those mistakes. I have made same mistakes and I made wrong money-management decisions.” 

In 2019, TS Records threatened to take legal action against Zahara and issued a cease-and-desist letter. 

“To the best of TS Records' knowledge, Zahara and the producer of [her] albums were paid and continue to receive all forms of royalties that are due to them,” the statement read.

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