Singer opens criminal case against Black Coffee over 15-year royalty dispute - TimesLIVE

After almost 15 years of trying to get what she claims is owed to her, singer-songwriter Nomsa Mazwai this week opened a criminal case against Grammy Award-winning DJ and producer Black Coffee.

Mazwai, known as Nomisupasta, claims she is owed R2m in royalties for her 2012 hit Traveller, a collaboration with Black Coffee that also featured the duo Black Motion.

But Black Coffee, whose real name is Nkosinathi Maphumulo, has branded the claim baseless, opportunistic, defamatory and malicious, according to legal correspondence seen by the Sunday Times.

His legal team says any recording revenues were received and accounted for by Soulistic Music, an independent record label Maphumulo launched in 2005.

Mazwai opened the case on August 17 at Sandton police station.

Police spokesperson Capt Tintswalo Sibeko told the Sunday Times the case docket was initially withdrawn after it was determined to be a civil matter.

“However, following consultation with the prosecutor, the case was reopened, and instructions were given to obtain a warning statement from the suspect,” she said.

I’ve been asking Black Coffee for my money for 15 years. Must I lose my home over this? — Nomsa Mazwai

“The investigation is ongoing, and the investigating officer is awaiting the suspect to obtain the warning statement. Once the investigation has been concluded, the docket will be forwarded to the senior public prosecutor for a decision.”

Mazwai is listed as a performer, writer and producer of the song on YouTube Music.

She said the figure of R2m was “the best estimation I could get using publicly available information on how much the median earnings were for similarly performing songs released by him at that time”. Relevant documentation would be required in discovery, she said.

“I was really young when he asked me to be on the song. He approached me. There was no label, and he was in New York. He asked me to arrange a studio. He was fully aware [of the situation], and the deed of assignment, which speaks to publishing, says I own the lyrics.

“I’ve been asking Black Coffee for my money for 15 years. Must I lose my home over this?

South Africans are proud of DJ Black Coffee, who earlier this year won a Grammy for best dance/electronic album for his release 'Subconsciously'. (Reuters/Steve Marcus) “I felt bullied. We went back and forth. His lawyers kept saying I had to speak to Sampra [the South African Music Performance Rights Association], and I was like, ‘No, that’s not the featured artist royalty — that’s a different thing.’

“They do not have a document where I signed away my master rights. I didn’t agree to a session fee because I’m a smart girl and I was investing in my future. All I’m asking for is the money that’s due to me.

“Right now, I’m fighting for my home. My kids go to school in our area, so if I lose this house, I will have to apply for new schools. He’s dismantling my life.”

Mazwai worked as general manager of the Soweto Theatre for five years before leaving in 2021. Since then, she has been unable to find a job in the public sector.

Documents seen by the Sunday Times include account statements reflecting featured artist royalty distributions totalling R7,000 for Mazwai and Black Motion between January 2013 and December 2024.

​Despite his undertaking to answer questions, no comment was received by Black Coffee at the time of going to print.

However, in previous documents seen by the Sunday Times that were sent to Mazwai’s attorney, Black Coffee’s legal representative, David Feinberg of Rosengarten & Feinberg, refutes the singer’s claims.

“The allegation of fraud is baseless. Your client’s complaint is also directed at the wrong person. Mr Maphumulo did not personally sell or exploit the recording. To the extent [that] recording revenues were received and accounted for, they were received and accounted for by Soulistic Music.

“Your client’s decision to accuse Mr Maphumulo personally of fraud, theft, exploitation and non-payment is defamatory and malicious. It also illustrates your client’s opportunism. The alleged R2m figure is equally baseless. It has not been particularised in your correspondence.

“It is unsupported by the information previously provided. On your client’s own public version, it appears to be based on what she says she saw “according to the internet”. That is not a claim. It is not evidence. It is not a basis for a criminal complaint.”