Cape Town – Fast-food chain Nando’s South Africa has strongly denied allegations that it used a popular song in an advertising campaign without proper authorisation, insisting that all music rights were legally obtained and exercised.
The dispute centres on the use of Kwesta’s hit track Spirit in a Nando’s advert that went viral late last year. The song features US rapper Wale.
The controversy emerged after music executive Nhlamulo “Nota” Baloyi, a former manager of Kwesta, alleged that his company’s copyright had been infringed. Baloyi claimed that Nando’s failed to secure the necessary licences from his record company, Urbantaiment, and is seeking R850,000 in damages.
In response, Nando’s issued a detailed statement rejecting the claims and maintaining that it had obtained the rights to use the song “in full collaboration with the original composers and all rights holders” represented by Downtown Music t/a Sheer Publishing.
“These allegations are completely incorrect,” the company said, adding that it had sent Baloyi a letter in November 2025 outlining its position but had not received a response.
Nando’s said its licensing process was transparent and compliant with all legal requirements, stating that it had “no reason to doubt the validity of the rights granted by the relevant licence holders” and that it would continue to use the track as licensed.
— NandosSA (@NandosSA) January 27, 2026
“Any additional matters contesting ownership of the track rest with the alleged relevant music publishing parties and are to be resolved between those parties,” the company added.
Nando’s further emphasised that it values creativity and respects artists, saying it looked forward to “continuing positive collaborations with creatives in the future.”
Baloyi has, however, disputed Nando’s version of events. He maintains that the company was notified on 9 October that no licences had been granted and accused Nando’s of acting fraudulently, claims he said could expose the brand to potential criminal liability.
The dispute has drawn wider attention within South Africa’s music industry, reigniting debate around copyright, licensing, royalties and sampling practices. Industry observers note that such disputes remain common in an evolving landscape where multiple parties can hold overlapping rights to a single musical work.
While the outcome of any potential legal challenge remains unresolved, Nando’s continues to insist that its use of Spirit in the advert was legitimate and that disagreements over ownership should be settled among the relevant music publishing stakeholders.
1. Nandos’ statement is all lies & misdirection.
2. Notice was given on October 9th that NO LICENSES WERE GRANTED, they FRAUDulently proceeded & thus, unindemnified Nandos from CRIMINAL liability.
3. You dismiss the claim with haste, the courts will show you to be ill-advised!🐓 pic.twitter.com/EtzwcxIQzF— MORAL Authority (@lavidaNOTA) January 28, 2026
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Compiled by Lisabeal Nqamqhele
