The Nando's and Nota Baloyi Spirit dispute heats up

This week, Nando’s said it will continue to use the song Spirit in its advertisement despite the claims made by Nota Baloyi over payment for licensing rights.
Nando’s has issued a statement on X addressing the claim by music executive Nota Baloyi over the use of Kwesta’s song in its meal advertisement (Image source: © Downtown Music )
Nando’s has issued a statement on X addressing the claim by music executive Nota Baloyi over the use of Kwesta’s song in its meal advertisement (Image source: © Downtown Music Downtown Music)

Nando’s issued a statement on the matter on X addressing the music executive's claims over the use of Kwesta’s song in its meal advertisement.

“Based on our engagements and all the information available to us, we have no reason to doubt the validity of the rights granted by the relevant licence holders and will therefore continue to use the composition as licensed,” the statement says.

Nando’s secured the rights to use the Spirit track in full collaboration with the original composers and all rights holders represented by Downtown Music T/A Sheer Publishing.

The song samples the late Brenda Fassie’s music. Media reports say that Baloyi has threatened to sue the fast food chain for R850,000, which, according to Daily Sun is the same amount the advertising agency allegedly paid to Kwesta’s record company for licensing rights.

Baloyi, who is Kwesta’s former manager, said the use of the track infringed his company’s copyright.

In the statement, Nando’s calls his allegation “completely incorrect” and explains that they did try to contact Nota Baloyi in November last year on the use of the song.

“We are aware of the allegations of unlawfully using the ‘Spirit' track. These allegations are completely incorrect. A letter addressing these allegations was sent to Mr Baloyi (Nota) in November 2025, to which we have never received a response.”

The statement adds, “Based on our engagement and all the information available to us, we have no reason to doubt the validity of the rights granted by the relevant licence holders and will therefore continue to use the composition as licensed."

Baloyi hits back

But Baloyi calls the statement "all lies and misdirection".

Hitting back at Nando’s on Wednesday morning, he says that Nando's was given notice on 9 October last year that no licences were granted.

"They fraudulently proceeded and thus unindemnified Nandos from criminal liability.”He also accused the company of attempting to damage his reputation - “Whoever advised the release of this statement was counting on defaming me.

Social media users reacted strongly to Nando's statement with some questioning whether Kwesta was paid, while others supported Nando's.

Others poked fun at Boloyi.

It also led to a debate on music rights.

Nando’s also suggests Baloyi pursue the matter with the relevant music publishing parties.


 
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