The government intends to deem all performers in the advertising, artistic and cultural activities sector as workers entitled to full protection under South Africa’s labour laws — a move labelled as progressive by organised labour. Expected to radically change the creative industry, employment & labour minister Nomakhosazana Meth has already gazetted her intention to effect the changes. Under the government’s plan, employers and employees will soon be bound by labour laws such as the National Minimum Wage Act, the Labour Relations Act, the Compensation for Operational Injuries and Diseases Act, and the Basic Conditions of Employment Act, which regulates overtime, rest periods, meal intervals and work on Sundays and public holidays.
If the proposals are approved, these performers would be entitled to leave; annual, sick and maternity leave; proper record-keeping of remuneration, payslips, deductions, notice and termination of employment; and severance pay. Workers in the creative industry are viewed as the most exploited owing to their classification as independent contractors. In August 2014, local soapieGenerationsexecutive producer Mfundi Vundla fired 16 actors who had organised themselves to demand better conditions of employment.
Vundla later restarted the show under a new name. According to the South African Cultural Observatory, a national statistical and socioeconomic research project, the creative industry is a major economic driver, contributing more than R90bn to GDP annually and accounting for about 6% of national employment. It is supported by government initiatives such as the Cultural and Creative Industries Masterplan.
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Meth said the move to reform the sector “arises from widespread evidence and stakeholder representations indicating that performers in these sectors often operate under conditions characteristic of employment relationships, including fixed working hours, supervision and payment for services rendered”. Cosatu parliamentary co-ordinator Matthew Parks said the labour federation “fully supports this long overdue call”.
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