{"id":51748,"date":"2026-03-05T22:19:04","date_gmt":"2026-03-05T22:19:04","guid":{"rendered":"https:\/\/eduzim.co.zw\/news\/?p=51748"},"modified":"2026-03-05T22:19:04","modified_gmt":"2026-03-05T22:19:04","slug":"2026-03-06-a-long-road-to-recognition","status":"publish","type":"post","link":"https:\/\/eduzim.co.zw\/news\/2026\/03\/05\/2026-03-06-a-long-road-to-recognition\/","title":{"rendered":"A long road to recognition \u2013 The Mail &#038; Guardian"},"content":{"rendered":"<p> <script data-jetpack-boost=\"ignore\" async src=\"https:\/\/pagead2.googlesyndication.com\/pagead\/js\/adsbygoogle.js?client=ca-pub-1669381584671856\"\r\n     crossorigin=\"anonymous\"><\/script>\r\n<!-- Africa tv video display -->\r\n<ins class=\"adsbygoogle\"\r\n     style=\"display:block\"\r\n     data-ad-client=\"ca-pub-1669381584671856\"\r\n     data-ad-slot=\"3579572842\"\r\n     data-ad-format=\"auto\"\r\n     data-full-width-responsive=\"true\"><\/ins>\r\n<script data-jetpack-boost=\"ignore\">\r\n     (adsbygoogle = window.adsbygoogle || []).push({});\r\n<\/script><br \/>\n<\/p>\n<div>\n<div class=\"post-thumbnail \"><img data-recalc-dims=\"1\" width=\"640\" height=\"480\" src=\"https:\/\/i0.wp.com\/eduzim.co.zw\/news\/wp-content\/uploads\/2026\/03\/A-long-road-to-recognition-%E2%80%93-The-Mail-Guardian.jpg?resize=640%2C480&#038;ssl=1\" class=\"attachment-large size-large wp-post-image\" alt=\"Cabppabprotestfeb20203 (1)\" decoding=\"async\" fetchpriority=\"high\" srcset=\"https:\/\/eduzim.co.zw\/news\/wp-content\/uploads\/2026\/03\/A-long-road-to-recognition-\u2013-The-Mail-Guardian.jpg 1000w, https:\/\/mg.co.za\/wp-content\/uploads\/2026\/03\/CABPPABProtestFeb20203-1-400x300.jpg 400w, https:\/\/mg.co.za\/wp-content\/uploads\/2026\/03\/CABPPABProtestFeb20203-1-768x576.jpg 768w, https:\/\/mg.co.za\/wp-content\/uploads\/2026\/03\/CABPPABProtestFeb20203-1-600x450.jpg 600w, https:\/\/mg.co.za\/wp-content\/uploads\/2026\/03\/CABPPABProtestFeb20203-1.jpg 1280w\" sizes=\"(max-width: 800px) 100vw, 800px\"\/><\/div>\n<p>Fighting to be heard: For the South African Guild of Actors the idea that performers can be protected through a<br \/>\nsectoral determination is not new. Photo: File<\/p>\n<p class=\"has-drop-cap\">On 23 January 2026, Minister of Employment and Labour Nomakhosazana Meth announced her intention to elevate the legal status of cultural and creative workers to enable them to get benefits usually afforded to permanent employees.\u00a0<\/p>\n<p>This is seen as a tipping point for the diverse group of about 7% of national employment that constitutes the sector.<\/p>\n<p>\u201cOver the past three years, we\u2019ve seen different ministers, officials have changed and there have been new directors general,\u201d says Gabi le Roux, the founding general secretary of the Trade Union for Musicians of South Africa (Tumsa).\u00a0<\/p>\n<p>\u201cWe came across the same obstacle every time; that the LRA had a specific definition for people like us. I nearly fell off my chair when the announcement was made. Cosatu was also overjoyed.\u201d<\/p>\n<p>The sector is united in its determination to see reforms to the Labour Relations Act in a way that wasn\u2019t viable in the case of the controversial Copyright Amendment Bill (2017) and the Performers Protection Amendment Bill (2016), currently before the Constitutional Court of South Africa.<\/p>\n<p>Once submissions have been reviewed, the minister will determine whether workers in the sector can be deemed employees.\u00a0<\/p>\n<p>Based on an interlinked investigation into the sector by the National Minimum Wage Commission, the minister might decide to publish a sectoral determination for the sector. An announcement is possible by the end of March, the Acting Deputy Director General of Labour Policy and Industrial Relations Thembinkosi Mkalipi says.<\/p>\n<p>For the South African Guild of Actors (Saga) the idea that performers can be protected through a sectoral determination is not new. Sectoral Determination 10 was introduced to regulate the employment of children in performances decades ago.\u00a0<\/p>\n<p>Saga suggests that for adult performers sectoral determination should consider:<\/p>\n<ul class=\"wp-block-list\">\n<li>Working time rules to fit long shooting days and night performances, while protecting health and family life.<\/li>\n<li>The management of overlapping contracts and multiple engagements.<\/li>\n<li>Minimum standards for food, accommodation and transport when performers work away from home.<\/li>\n<li>A dedicated framework for dangerous and hazardous performances, including stunts and physically<br \/>risky scenes.<\/li>\n<li>A structured space for collective bargaining, so that performers and those who engage them can negotiate fair, predictable contracts at industry level rather than re-negotiating the basics on every job.<\/li>\n<\/ul>\n<p>Ultimately, the Labour Relations Act, the Basic Conditions of Employment Act, the Minimum Wage Act and the Compensation Act should be amended.<\/p>\n<p>\u201cWith all these laws, it\u2019s like raising children,\u201d says Cosatu parliamentary coordinator Matthew Parks. \u201cFrom pregnancy to the birth, to taking them to cr\u00e8che, to primary school, it takes at least five years from the bureaucrat\u2019s desk in Pretoria, through public comments, parliament, presidency, cabinet and back to the bureaucrat\u2019s desk.\u201d<\/p>\n<figure class=\"wp-block-image alignleft size-large is-resized\"><img data-recalc-dims=\"1\" loading=\"lazy\" decoding=\"async\" width=\"640\" height=\"960\" src=\"https:\/\/i0.wp.com\/eduzim.co.zw\/news\/wp-content\/uploads\/2026\/03\/1772749142_415_A-long-road-to-recognition-%E2%80%93-The-Mail-Guardian.jpg?resize=640%2C960&#038;ssl=1\" alt=\"Jackpr2065\" class=\"wp-image-687792\" style=\"width:422px;height:auto\" srcset=\"https:\/\/eduzim.co.zw\/news\/wp-content\/uploads\/2026\/03\/1772749142_415_A-long-road-to-recognition-\u2013-The-Mail-Guardian.jpg 667w, https:\/\/mg.co.za\/wp-content\/uploads\/2026\/03\/JackPR2065-267x400.jpg 267w, https:\/\/mg.co.za\/wp-content\/uploads\/2026\/03\/JackPR2065-768x1152.jpg 768w, https:\/\/mg.co.za\/wp-content\/uploads\/2026\/03\/JackPR2065-1024x1536.jpg 1024w, https:\/\/mg.co.za\/wp-content\/uploads\/2026\/03\/JackPR2065-1365x2048.jpg 1365w, https:\/\/mg.co.za\/wp-content\/uploads\/2026\/03\/JackPR2065-600x900.jpg 600w, https:\/\/mg.co.za\/wp-content\/uploads\/2026\/03\/JackPR2065-scaled.jpg 1707w\" sizes=\"auto, (max-width: 667px) 100vw, 667px\"\/><figcaption class=\"wp-element-caption\">Behind the scenes: Saga<br \/>\nchairperson Jack Devnarain.<br \/>\nPhoto: File<\/figcaption><\/figure>\n<p>Together with Tumsa, Saga and others, Cosatu began to fathom the complex world of technical workers and performers who fell through the cracks during the Covid-19 pandemic.\u00a0<\/p>\n<p>Sometime later, discussions took place with the National Economic Development and Labour Council to allow government and business to put forward their ideas.\u00a0\u00a0<\/p>\n<p>Cosatu raised the plight of atypical and vulnerable workers such as actors, artists, call centre workers and ride-sharing drivers who were without protection.\u00a0<\/p>\n<p>\u201cWe were dismissed as maverick lunatics by government and business, who thought this was just pie in the sky and these people were self-employed,\u201d Parks says.\u00a0\u00a0<\/p>\n<p>The team had to find a way to split the de facto alliance between government and business.\u00a0<\/p>\n<p>After the 2024 elections there was a breakthrough with in-principle agreements from government to legislative changes that determine the minimum number of shifts an atypical worker could be called for and the requirement that they must be called for at least four hours of work a day under the Minimum Wage Act.\u00a0<\/p>\n<p>Cosatu also got a foot in the door with regard to the rights of actors as atypical workers to form trade unions and engage in collective bargaining.\u00a0<\/p>\n<p>\u201cWe\u2019re excited as this has been a long journey and it\u2019s about ensuring all workers are covered and able to exercise their rights and that our labour laws keep pace with the changing nature of work,\u201d Parks said.<\/p>\n<p>At a consultative meeting convened by the South African Communications Industries Association to discuss the Department of Employment and Labour\u2019s proposal to redefine the status of workers in the entertainment industry, Saga chairperson Jack Devnarain said Saga had been working to bring about the changes since it was established in 2009.\u00a0<\/p>\n<p>\u201cWhen government opens its doors, you take the step because it doesn\u2019t happen too often,\u201d he said.\u00a0\u00a0<\/p>\n<p>Unlike their counterparts across the world, performance artists are not unionised and don\u2019t have an opportunity for collective bargaining.<\/p>\n<p>The Swedish actors union has been in existence for 135 years and the largest actors union in the world, the Screen Actors Guild \u2014 American Federation of Television and Radio Artists, enforces strict labour standards for its 160000 to 170000 members which include actors, voiceover artists, recording artists and broadcasters.<\/p>\n<p>Mkalipi said the department was aware of international best practice and how workers in Europe and North America were regarded.<\/p>\n<p>\u201cHow is it possible that workers in Hollywood can go out on strike and workers in South Africa doing the same thing cannot go on strike if they want? They cannot go on strike precisely because they are not employees,\u201d Mkalipi said. \u201cWe have to look at the full picture. And then take it from there\u201d.<\/p>\n<p>Devnarain said tricky and nuanced conversations needed to take place, pointing out that Saga was addressing disinformation being spread by certain industry players.\u00a0<\/p>\n<p>\u201cThey cannot by the stroke of a pen change the nature of our work,\u201d he said.<\/p>\n<p>\u201cGovernment is fully aware of this because we have been making inputs since February of 2020.\u201d<\/p>\n<p>There will probably be more opportunities for further stakeholder engagements but as Devnarain pointed out, the train is in motion.<\/p>\n<p>\u201cThe department will screen comments from the workers who want that protection and the people representing the other side \u2014 employers in the sector \u2014 who are going to<br \/>say: \u2018No, you should not do this,\u2019\u201d Mkalipi said.\u00a0<\/p>\n<p>Organisations like the Commercial Producer\u2019s Association which resisted transformation under the copyright reform project also resist reform for labour protections.\u00a0<\/p>\n<p>Agents like the South African Performing Artists Managers Association representing actors and performers are also opposed to the proposed legislative reforms.\u00a0\u00a0<\/p>\n<p>Mkalipi cautioned that changes would need to take place in the sector itself.\u00a0<\/p>\n<p>\u201cIf freelance creatives and crew are deemed to be employees, they will have to act as employees and protect themselves,\u201d he said.\u00a0<\/p>\n<p>\u201cThey can organise themselves into trade unions and do exactly what the workers in America do\u00a0 in order to protect themselves and negotiate with their employers. Then go out on strike if they want to go out on strike.\u00a0<\/p>\n<p>\u201cThey\u2019ll be able to go to court if they want to go to court, to the Labour Court, to the CCMA and all those issues.\u201d<\/p>\n<p>\u201cMy problem is that most times when I interact with this sector, I see that they like to play politics and they think that politicians will be able to give them what they want and solve their problems,\u201d Mkalipi said.\u00a0<\/p>\n<p>\u201cMy approach is that we\u2019ll look at the law that prevents you from organising like all other workers but then it\u2019s up to you.\u00a0<\/p>\n<p>\u201cThe American workers in this sector have been able to go to strike because they\u2019ve got strong organisations that represent the interests of workers in the sector and they\u2019re able to negotiate on behalf of those workers. Is it the case here? I don\u2019t think so at this stage.\u201d<\/p>\n<p>There is a lot of work the organisations need to do to prepare themselves for the battles ahead for themselves and for future workers in the sector. \u201cI\u2019m not sure whether they are doing that,\u201d Mkalipi said.<\/p>\n<p>\u201cWe have the technology available for a fully regulated sector where proof of work can be recorded and statutory deductions such as PAYE, UIF and voluntary subscriptions such as pension and medical schemes are deducted proportionally by each registered employer<br \/>who contributes to a full-time music practitioner\u2019s source of income,\u201d Le Roux said.\u00a0\u00a0<\/p>\n<p>Tumsa will be calling a special general meeting for all those related as individuals to the South African music industry \u2014 composers, songwriters, producers, performing musicians, session musicians and DJs.\u00a0<\/p>\n<p>The aim is to reconstitute the union and bring back on board those who have fallen by the wayside because of failure to get the legislation amended.<\/p>\n<\/p><\/div>\n<p><script data-jetpack-boost=\"ignore\" async src=\"https:\/\/pagead2.googlesyndication.com\/pagead\/js\/adsbygoogle.js?client=ca-pub-1669381584671856\"\r\n     crossorigin=\"anonymous\"><\/script>\r\n<!-- Africa tv video display -->\r\n<ins class=\"adsbygoogle\"\r\n     style=\"display:block\"\r\n     data-ad-client=\"ca-pub-1669381584671856\"\r\n     data-ad-slot=\"3579572842\"\r\n     data-ad-format=\"auto\"\r\n     data-full-width-responsive=\"true\"><\/ins>\r\n<script data-jetpack-boost=\"ignore\">\r\n     (adsbygoogle = window.adsbygoogle || []).push({});\r\n<\/script><br \/>\n#long #road #recognition #Mail #Guardian<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Fighting to be heard: For the South African Guild of Actors the idea that performers can be protected through a&hellip;<\/p>\n","protected":false},"author":1,"featured_media":51749,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[32],"tags":[],"class_list":["post-51748","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-mzansi"],"_links":{"self":[{"href":"https:\/\/eduzim.co.zw\/news\/wp-json\/wp\/v2\/posts\/51748","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/eduzim.co.zw\/news\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/eduzim.co.zw\/news\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/eduzim.co.zw\/news\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/eduzim.co.zw\/news\/wp-json\/wp\/v2\/comments?post=51748"}],"version-history":[{"count":1,"href":"https:\/\/eduzim.co.zw\/news\/wp-json\/wp\/v2\/posts\/51748\/revisions"}],"predecessor-version":[{"id":51750,"href":"https:\/\/eduzim.co.zw\/news\/wp-json\/wp\/v2\/posts\/51748\/revisions\/51750"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/eduzim.co.zw\/news\/wp-json\/wp\/v2\/media\/51749"}],"wp:attachment":[{"href":"https:\/\/eduzim.co.zw\/news\/wp-json\/wp\/v2\/media?parent=51748"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/eduzim.co.zw\/news\/wp-json\/wp\/v2\/categories?post=51748"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/eduzim.co.zw\/news\/wp-json\/wp\/v2\/tags?post=51748"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}