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Displaying the 15 latest comments.
Submitted | first-name | support | concern | top-concern | message |
|---|---|---|---|---|---|
2026-03-09 13:14:23 +02:00 | Mary-Jane | No I do not | Loss of Income & Tax Deductions | ||
2026-03-09 11:14:31 +02:00 | JADE | No I do not | Loss of Income & Tax Deductions | ||
2026-03-09 10:34:53 +02:00 | Claire | No I do not | Industry Job Losses | ||
2026-03-08 09:50:43 +02:00 | Eddie | No I do not | Loss of Flexibility | I oppose the Department of Employment and Labour’s proposal to reclassify all performers and crew engaged in advertising, artistic, and cultural productions as standard employees under South African labour legislation. While the objective of protecting vulnerable workers is commendable, the proposed blanket reclassification risks causing significant unintended consequences for a sector that operates fundamentally on flexible, project-based engagements. 1. Misalignment with the Nature of the Creative Economy The film, advertising, and performing arts sectors operate predominantly through short-term, project-based contracts involving a highly mobile workforce. Performers, technicians, designers, and production specialists often work on multiple productions across different producers within short timeframes. Applying a rigid employment framework under the Basic Conditions of Employment Act and the Labour Relations Act to all such engagements disregards the operational realities of the creative industries. These sectors function more akin to professional services industries where independent contractors provide specialised skills on a per-project basis. Attempting to impose a permanent employer–employee structure onto inherently temporary engagements risks undermining the flexibility that enables the industry to function efficiently. 2. Economic Impact on Production and International Competitiveness South Africa has become a globally competitive filming destination due to its skilled workforce, favourable exchange rates, and operational flexibility. International productions often rely on the ability to contract experienced freelancers quickly and efficiently. Mandatory classification of all performers and crew as employees—combined with compliance obligations under the National Minimum Wage Act and other employment statutes—would significantly increase administrative complexity and production costs. International studios and advertising agencies operate in a highly competitive global environment. If production costs and regulatory burdens increase substantially in South Africa, productions are likely to relocate to alternative filming destinations that maintain more flexible engagement frameworks. This would directly affect employment opportunities across the broader production ecosystem, including set construction, equipment rental, hospitality, transport, and post-production services. 3. Impact on Freelancers and Independent Professionals Many professionals in the creative sector deliberately choose freelance status due to the autonomy and financial advantages it offers. Independent contractors typically structure their finances to accommodate irregular work patterns, including managing tax deductions related to equipment, training, and business expenses. Reclassifying freelancers as employees may remove legitimate deductions currently permitted under the Income Tax Act for independent contractors operating as small businesses. Rather than protecting creative professionals, the proposal could reduce their income flexibility, restrict their ability to work across multiple productions simultaneously, and limit entrepreneurial opportunities within the sector. 4. Risk of Reduced Opportunities for Emerging Talent A substantial portion of the creative workforce consists of emerging artists, technicians, and crew members entering the industry through short-term engagements and project-based opportunities. If production companies are required to assume full employment obligations for every engagement, many may reduce hiring or rely on smaller core teams. This would inevitably limit entry-level opportunities for new talent seeking to build experience and industry networks. The unintended effect may therefore be reduced participation and fewer career pathways within South Africa’s creative industries. 5. The Need for a Sector-Specific Regulatory Framework The challenges associated with worker protection in the creative sector are real and deserve careful policy consideration. However, these concerns would be better addressed through a targeted, sector-specific framework developed in consultation with industry stakeholders. Many jurisdictions recognise the unique nature of creative work and have implemented hybrid regulatory models that provide worker protections without eliminating freelance contracting. A collaborative approach involving industry bodies, unions, producers, and government would be more likely to produce balanced legislation that protects vulnerable workers while preserving the economic viability of the sector. Conclusion The proposed blanket reclassification of all performers and crew as employees under the Basic Conditions of Employment Act, the Labour Relations Act, and the National Minimum Wage Act fails to recognise the fundamentally project-based nature of the creative industries. Rather than strengthening the sector, the proposal risks increasing production costs, undermining international competitiveness, reducing freelance opportunities, and ultimately driving film and advertising productions away from South Africa. For these reasons, I respectfully oppose the proposed reclassification and urge the Department to pursue a consultative process aimed at developing a sector-appropriate regulatory framework that balances worker protection with the operational realities of the creative economy. | |
2026-03-07 03:15:20 +02:00 | Vonani | No I do not | All of the above | Industry Job Losses | |
2026-03-05 09:20:36 +02:00 | Heidi | No I do not | Loss of Income & Tax Deductions | ||
2026-03-04 13:44:23 +02:00 | Armand | No I do not | All of the above | Loss of Flexibility | |
2026-03-02 17:42:47 +02:00 | Setjhaba | No I do not | All of the above | Loss of Flexibility | |
2026-03-02 10:30:07 +02:00 | Heather | No I do not | All of the above | Industry Job Losses | |
2026-03-01 05:34:07 +02:00 | Nawaal | No I do not | Industry Job Losses | ||
2026-02-28 09:39:24 +02:00 | André | No I do not | All of the above | Industry Job Losses | When labour gets expensive, entrepreneurs, the major creator of jobs, will make other plans. Today you can hardly distinguish computer graphics from people. And it's much more economical. |
2026-02-27 21:48:14 +02:00 | Stacy | Yes I do | No concern, I Support the Gazette | We're tired of South Africans being used as a cheap source of labour for the ROW to abuse. Tough on them if they have to pay us more. The global movies and entertainment market was valued at approximately USD 100.38 billion in 2023 and is projected to reach over USD 140–169 billion by 2030, driven by streaming and digital content. We need to stop short selling ourselves for the global elite to abuse, we are worth much more than what we get paid. | |
2026-02-27 21:34:41 +02:00 | Jennifer | Not fully | All of the above | Loss of Income & Tax Deductions |
Supported by the Department of Employment and Labour, trade unions (such as SAFTU and COSATU), and various actors’ guilds.
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- Ending “Disguised Employment”: Supporters argue that many performers currently work under conditions identical to standard employment—including fixed hours, direct supervision, and strict control by production companies—but are labeled “independent contractors” specifically to deny them basic labour rights.
- Access to Fundamental Protections: Reclassification would guarantee vulnerable creative workers access to paid annual leave, sick leave, and maternity leave under the Basic Conditions of Employment Act (BCEA).
- Workplace Injury Compensation: As employees, performers and crew would finally be covered by the Compensation for Occupational Injuries and Diseases Act (COIDA), ensuring financial protection if they are injured or disabled on set.
- Fair Pay and Dispute Resolution: The amendment would ensure workers are protected by the National Minimum Wage Act and give them access to the CCMA to fight unfair dismissals and exploitative working conditions.
- Collective Bargaining: Formal employee status makes it easier for creative workers to unionise, negotiate standard minimum rates, and engage in legally recognized collective bargaining with major production houses.
Supported by freelance creatives, independent crew members, production companies, and industry associations.
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- Loss of Vital Tax Deductions: This is a primary financial concern for freelancers. If reclassified as “employees,” creative professionals will lose the ability to deduct critical business expenses from their taxable income, including agent commissions, travel to auditions, wardrobe, equipment, and self-tape costs, resulting in a severe drop in net take-home pay.
- Capped Earning Potential: Opponents argue that enforcing standard regulated working hours and strict overtime limits will harm gig workers. Freelancers often maximize their income by working intensively over short periods; rigid labour laws will artificially cap what they are legally allowed to earn in a week.
- Destruction of Autonomy & Flexibility: The creative industry relies on project-based, short-term contracts. Opponents state that a “one-size-fits-all” employee classification fails to distinguish between an actor on a five-year soap opera contract and a freelance makeup artist working a two-hour commercial shoot, destroying the ability to juggle multiple clients simultaneously.
- Driving Away International Investment: Applying heavy payroll administration, leave tracking, and labour-law compliance to short-term projects will drastically increase local production costs. Opponents warn this will make South Africa uncompetitive, driving international film and advertising work—and the jobs they create—to other countries.
- Not Fit for the Gig Economy: Critics argue that while traditional labour laws work well for 9-to-5 corporate jobs, forcing the dynamic, freelance-driven creative sector into an outdated legislative box will ultimately lead to fewer gigs and massive job losses.