A fiery legal and public relations clash has erupted between the iconic peri-peri brand Nando’s and controversial music executive Nota Baloyi, centering on the rights to a beloved South African music sample and threatening to draw in rapper Kwesta and viral sensation Rachel Kolisi.
The dispute ignites around Nando’s recent, widely celebrated television and digital advertisement, launched late last year. The ad features Kwesta’s 2016 hit song “Ngud’,” which famously samples the iconic piano riff and chorus from Brenda Fassie’s timeless classic, “Kuyoze Kuyovalwa.” The commercial’s visuals pair Kwesta with the infectiously charismatic Rachel Kolisi, whose playful mimicry of her husband, rugby star Siya Kolisi, became a viral sensation, making the ad an instant cultural talking point.
However, the festive mood has been soured by a claim from Baloyi, acting through his company, Urbantainment. In a series of public statements and legal threats, Baloyi has asserted that he holds the publishing rights to the Brenda Fassie sample used in “Ngud’,” and therefore, Nando’s use of the track in a national advertising campaign requires his authorization and compensation. He has publicly demanded a payment of R850,000, threatening to institute lawsuits against Nando’s, Kwesta, and the rapper’s manager, Tshepo “Tee” Morake, for alleged copyright infringement.
Nando’s Fires Back: “Fully Licensed, Fully Compliant”
In a robust and detailed rebuttal, Nando’s has categorically rejected Baloyi’s claims, presenting a narrative of meticulous legal due diligence. The company has revealed that it secured all necessary licenses for the use of the song through Downtown Music Publishing Africa, a reputable international music rights administrator.
According to Nando’s, Downtown, which administers the publishing rights for a vast catalog including the works of Brenda Fassie, issued the comprehensive synchronization license required to pair the music with the visual advertisement. This process, standard in the industry, is designed precisely to prevent such disputes by ensuring all rightful copyright holders are identified and compensated through the correct channels.
“We take intellectual property rights with the utmost seriousness,” stated a Nando’s spokesperson. “Our creative process is underpinned by rigorous legal protocols. For this campaign, we engaged with the globally recognized rights administrator, Downtown Music Publishing Africa, and obtained a full and complete license for the use of the track ‘Ngud’’, which includes the sample from Brenda Fassie’s ‘Kuyoze Kuyovalwa’. Our license was granted in November of last year, and we are in full compliance with all legal requirements.”
The company provided a copy of a letter dated November 2025 from Downtown, addressed to Baloyi’s Urbantainment, which explicitly affirms that all necessary clearances were obtained and that Nando’s campaign is fully authorized. The letter serves as a direct challenge to Baloyi’s claims of ownership and his basis for demanding payment.
A Tangled Web of Rights and Rivalries
The core of the conflict lies in the complex, often opaque world of music publishing rights, particularly for samples. While an artist like Kwesta may own or control the rights to his master recording of “Ngud’,” the rights to the underlying composition—the specific musical elements borrowed from Brenda Fassie’s original work—are a separate entity. These “publishing rights” are typically owned by the songwriter(s) or their assigned publishers and require clearance for any new commercial use.
Baloyi’s claim hinges on his assertion that Urbantainment controls these publishing rights for the sample. However, Nando’s and Downtown’s position suggests that if such rights exist, they are already accounted for and administered through Downtown’s established network, which would have factored Urbantainment into any royalty distributions if it were a legitimate claimant.
Industry observers note that this public spat may be as much about personal brand positioning as it is about copyright law. Nota Baloyi has built a reputation on combative, high-profile confrontations within the entertainment industry. A public demand against a corporate giant like Nando’s guarantees headlines.
Standing Firm: The Ad Stays On Air
Undeterred by the threats, Nando’s has made it clear it has no intention of pulling the advertisement. “The campaign has been positively received by the public, and we stand by our legal processes. The ad will continue to air as planned,” the spokesperson confirmed.
The ball now appears to be in Baloyi’s court to substantiate his claims with legal paperwork that contradicts the licenses already obtained. If he proceeds with litigation, it would force a public dissection of the ownership chain of one of South Africa’s most famous musical phrases, pitting his documentation against that of a major global music publisher.
For now, the sizzling peri-peri chicken continues to be soundtracked by Kwesta and Brenda Fassie, while a parallel drama—spiced with allegations, legal letters, and a demand for nearly a million rand—simmers on the side. The outcome will be closely watched, as it touches on the enduring legacy of Brenda Fassie, the business of sampling, and the high-stakes world of brand marketing in South Africa.
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