Nando’s Rejects Copyright Claims Regarding Use Of Kwesta’s “Spirit” In Advertising Campaign. Nando’s South Africa has categorically denied any allegations of copyright infringement related to its recent viral advertising initiative, asserting that it properly acquired all necessary rights to feature Kwesta’s popular song “Spirit”.
Nando’s Denies Copyright Infringement Over Use Of Kwesta’s “Spirit” In Viral CampaignThis week, the food chain released an official statement declaring the claims regarding unauthorized use to be “completely incorrect”, emphasizing that the song was licensed through recognized legal channels.
At the heart of the controversy is “Spirit”, a song by Kwesta featuring Wale that enjoyed significant popularity in the late 2010s. The track samples Brenda Fassie’s iconic 1997 song “Kuyoze Kuyovalwa” and draws influences from Spiritchaser’s “These Tears”. The blend of deep house elements, amapiano sounds, and contemporary hip hop has made the song culturally significant, encapsulating themes of resilience, joy, and community.
Nando’s chose this track for a vibrant social media campaign aimed at promoting its peri-peri chicken. In collaboration with the creative agency We Are Bizarre, the advertisement quickly achieved viral success and reportedly led to increased audience engagement and sales. To obtain synchronisation rights, Nando’s made a payment of around R850,000 to Downtown Music Publishing Africa, operating under Sheer Publishing, which represents the song’s composers and principal rights holders.
The issue intensified when music executive Nota Baloyi, who oversees BSN Project and Urbantainment, publicly stated that his company holds the publishing rights to the Brenda Fassie material sampled in “Spirit”.
Baloyi claimed that the Fassie estate was not included in negotiations and sought R850,000 as compensation from Nando’s, an amount matching the sync fee paid to Downtown Music. He subsequently threatened legal action, accusing Kwesta and his management of mishandling necessary clearances and royalty arrangements.
Nando’s has responded directly, stating that its legal team at Bouwers Inc. sent a formal letter to Baloyi addressing these allegations in November 2025, to which they received no reply.
The fast-food chain affirmed that it obtained the rights to use “Spirit” through full collaboration with the original composers and all rights holders represented by Downtown Music trading as Sheer Publishing. According to Nando’s, the licensing process was conducted transparently and in accordance with legal standards, with no cause to doubt the legitimacy of the rights it acquired.
The company further noted that disputes related to ownership or publishing rights are confined to the entities in the music industry and do not impact Nando’s licensed use of the song.
Downtown Music has backed Nando’s stance, confirming that Baloyi does not possess the necessary copyright and that the license was granted only after authorization from the rightful rights holders.
In concluding its statement, Nando’s reiterated its dedication to the creative sector, expressing appreciation for artists and optimism for future collaborations.
This incident sheds light on ongoing issues within South Africa’s music industry, particularly concerning sampling clearances, publishing rights, and the management of the legacies of iconic artists like Brenda Fassie. Such disputes typically involve complex agreements between estates, publishers, composers, and performers, often being resolved outside of court.
