Charmza the DJ's lawyer takes on case pro bono as 'Jerusalema' dispute finally heads to trial

The highly publicised dispute between musicians DJ Charmza (Ntimela Chauke) and DJ Master KG (Kgoagelo Moagi) over the ownership of the hit song Jerusalema is finally heading to trial — and Charmza's lawyer Stephen Hollis​​​​ of Adams & Adams has chosen to take the case on a pro bono basis.

The decision to represent Charmza the DJ and Presley Ledwaba, also known as Biblos, is rooted in the lawyer's belief that the case has merit and that it highlights a significant problem in South Africa's music industry.

Speaking to TshisaLIVE, Hollis, who is working alongside his partner Thando Manentsa, said he was confident the evidence the two artists presented in support of the case had weight.

“Upon our review thereof, we found their claims to have merit, and this case is more than a copyright infringement case. It strikes at the heart of a big problem in South Africa’s music industry,” he said.

“Our vulnerable artists, producers, and creative and cultural workers, who do not have the financial means to obtain top legal representation, are often at a major disadvantage when unscrupulous operators simply take their creative outputs, commercialise it for their own gain and then cut out the true authors from having any share of profits or even recognition that they authored or produced the works.”

Hollis said he hoped that a successful verdict will help restore balance and justice to an industry plagued by rampant infringements.

“This is a case of rampant infringement of two young artists’ intellectual property rights, as well as their constitutionally enshrined rights of freedom of expression (without their creative outputs being subjected to theft) and dignity (their right to their good name and to be accredited as authors/producers).

“We cannot solve the problem of the lack of access to our courts and to justice for most musical artists and performers in South Africa overnight, but we aim to do it one case at a time, and we will ensure that our clients will have their day in court to look those who took much more than just money from them when they stole their creative works in the eye and say 'no more, it stops here' — their rights as creators were also infringed if our clients successfully prove their case. Hopefully, a successful verdict in this case would go some way to restore some balance and justice in an industry where rampant infringements happen all too often, with far too little, if any consequences.” 

The case has been ongoing for five years, with Charmza claiming he is entitled to royalties from the 2020 hit song. The trial is set to take place in the Pretoria high court from November 17-28. 

Weighing in on why it has taken so long for them to get a trial date, Hollis said the high court is often congested, but added: “The attorneys representing the defendants in the matter threw every trick in the book at us, trying to delay and stall the matter in a bid to attempt to force our clients to withdraw the case should they run out of funding. This is another reason for taking the matter on a pro bono basis — to ensure that these delaying tactics would not derail the matter, and to ensure that our clients will have their day in court, and be afforded an opportunity to present their case, and for some justice to finally prevail.”

While Charmza's lawyers are open to speaking about the matter, Open Mic productions remain mum. The company's legal representative Nape Masipa declined to comment.

Nomcebo Zikode, who is also featured on Jerusalema, has had a lengthy legal battle with Open Mic productions.

“I don't want to say much about Master KG's case with Charmza; I don't want to be in the middle of it. Perhaps they might call me during their trial to say something but as for now I don't want to say anything, I don't know anything. I am still waiting for my day in court with Open Mic. I also still haven't received anything. If I had received what was mine I wouldn't have tried to fight them. But as for now I am just praying for my day in court, perhaps you can also pray for me as well. I haven't received anything.”