EAST LONDON – The legal dispute between former Gauteng ANC secretary Thembinkosi “TK” Nciza and arts activist Bandile Magibili has escalated to the East London high court, where Nciza is seeking a default judgment to compel Magibili to pay approximately R5 million in a defamation claim. The case centres around allegations made by Magibili during a podcast interview that implicated Nciza in the death of the beloved Afro-pop singer Zahara.
The conflict originates from statements Magibili allegedly made during an interview on Podcast and Chill with MacG, hosted by MacGyver Mukwevho, in September last year. During the interview, Magibili is said to have claimed that Nciza was responsible for the 2023 death of Zahara, whose real name was Bulelwa Mkutukana. These allegations have prompted Nciza to pursue legal action, claiming significant damage to his reputation.
Nciza, co-founder of TS Records, scouted Zahara in East London in 2010. He initially acted as a mentor for her, but their relationship became strained after she left TS Records, amidst allegations of unpaid royalties and exploitation. This pre-existing tension forms a crucial backdrop to the current legal battle.
According to Nciza’s court papers, Magibili made “defamatory and damaging accusations” suggesting that Nciza was behind Zahara’s death and saying he hoped her spirit would rise from the grave to haunt him. Nciza argues that these statements are false, unfounded, and harmful, effectively painting him as a criminal in the public eye.
“His utterances have the effect of creating a public image that Nciza is a criminal, a murderer to be exact. The utterances are devoid of truth and are scandalous, defamatory and cause unnecessary harm to Nciza’s public image and reputation,” read the papers. The severity of these claims underscores the gravity of the defamation case.
The Sunday Times has established that Magibili failed to file a notice of intention to defend the claim after a summons was issued in November last year. Nciza’s legal representative, Dumisani Motsamai, confirmed that the summons required Magibili to indicate his intention to defend by 18 February 2026, a deadline he did not meet. This failure to respond has paved the way for Nciza to seek a default judgment.
“A letter of demand was sent to him calling on him to retract the utterances and apologise. He failed to issue a retraction within the time stipulated and persists in that stance,” the papers state. The lack of retraction or apology from Magibili has further solidified Nciza’s resolve to pursue the matter through the courts.
Nciza has now approached the court for judgment by default, seeking to expedite the legal process in light of Magibili’s non-response. This move could potentially see Nciza awarded the R5 million in damages he is claiming, without a full trial taking place.
Magibili, who hosts music and poetry sessions in Buffalo City, had a connection to Zahara prior to her rise to fame. Zahara performed at his events before being discovered by Nciza, adding another layer of complexity to the situation. She died in hospital at the age of 36 after suffering complications linked to liver disease. Her manager had indicated in 2019 that she suffered from liver disease linked to alcoholism.
In his founding affidavit, Motsamai states that the summons was served at Magibili’s residence in East London, confirming that the legal documents were properly delivered.
“On 4 February 2026 we, on behalf of our client, had the summons issued against Magibili. A notice of intention to defend was due on 18 February 2026. He did not enter such a notice. Accordingly, Nciza brought an application for judgment by default, as detailed in the application, to which this merit affidavit serves as support,” he said. This statement provides a clear timeline of the legal proceedings and highlights Magibili's failure to respond.
Nciza co-founded TS Records in 2001 with Sbusiso “DJ Sbu” Leope. Beyond his involvement in the music industry, he has been active in ANC politics, serving as provincial secretary for the ANC in Gauteng between 2022 and 2025. His public profile extends beyond the entertainment world, making the defamation claims particularly damaging. He was married to Mafikizolo singer Nhlanhla Mafu from 2004 until their divorce in 2019. This personal detail provides additional context to Nciza's life and career.
The East London high court will now consider Nciza's application for a default judgment, potentially bringing a swift resolution to this high-profile defamation case. The outcome will undoubtedly be closely watched by both the entertainment industry and the political sphere, given the prominent figures involved.
