Award-winning South African production house Black Brain Pictures, owned by renowned actor and director Mandla Ngcongwane, popularly known as Mandla N, is facing a massive R11 million copyright infringement lawsuit. The lawsuit stems from the unauthorized use of the hit song Ngixolele by Busta 929 and Boohle in the television drama series The Black Door without the consent of the song’s producers.
The legal action was initiated by Mokima Music and Publishing, the company that owns the rights to Ngixolele after the artists, Mfana Thupa (Busta 929) and Buhle Manyathi (Boohle), signed the song over to them following its release in May 2021. According to court papers filed in the Johannesburg High Court on Thursday, 6 February, Ngcongwane and his production house failed to seek approval before featuring the song in 275 episodes of The Black Door. The lawsuit claims that Black Brain Pictures knowingly used the song in timed synchronisation with the series without securing the necessary licensing rights.
Mokima Music and Publishing asserts that it holds exclusive rights over Ngixolele, which means no other entity can reproduce, distribute, or use the song without permission. “Had we been approached to license the song for synchronisation as the titular theme of the series, we would have licensed the song for a fee of R40 000 per episode, amounting to a total of R11 million,” the court papers state. Mokima further argues that they would not have incurred any additional expenses in licensing the musical and literary works to Black Brain Pictures, making Ngcongwane’s failure to follow due process a significant oversight.
The lawsuit is a major legal challenge for Mandla N, whose company Black Brain Pictures has built a strong reputation in the South African television industry. The production house has won multiple awards, including SA Film and Television Awards for Best Achievement in Directing and Most Popular TV Soap/Telenovela. Mandla N has produced successful television shows such as Abo Mzala, Thandeka’s Diary, and Lockdown. He has also been vocal about the importance of licensing, particularly regarding his own projects on streaming platforms like Netflix. This lawsuit now puts a spotlight on whether Black Brain Pictures upheld the same legal standards when acquiring content for its productions.
With R11 million on the line, this case could set a legal precedent for how music copyrights are handled in the South African television industry. It remains to be seen how Ngcongwane and Black Brain Pictures will respond to the lawsuit, but one thing is certain—Mokima Music and Publishing is determined to enforce its rights over one of the biggest hits in Amapiano history.
