2026 MUST BE THE YEAR OF SECTOR REGULATION
MONDAY EDITION | UMRHABULO, POLICY & PUBLIC DISCOURSE
Why Arts & Culture Can No Longer Be an “Add-On” Ministry in South Africa
By Thami akaMbongo Manzana
| The Creative Passport
.jpeg "Caption: Photo of Dr Ben Ngubane")
Image: Dr Ben Ngubane
(Source: www.gov.za)
Since 1994, South Africa’s Arts and Culture sector has rarely stood on its own. It has been paired, merged, absorbed and repositioned alongside other government priorities — first with Science & Technology, later with Sport — often to its detriment.
This structural instability has come at a cost: weak regulation, inconsistent policy implementation, fragile labour protections, and an arts ecosystem forced to survive on goodwill rather than law.
If 1994 marked political freedom, then 2026 must mark regulatory freedom for the Cultural and Creative Industries.
.jpeg "Caption: Lionel Mtshali photo")
Image: Lionel Mtshali
(Source: www.gov.za)
A HISTORY OF MERGERS — AND MISSED OPPORTUNITIES
Arts & Culture with Science & Technology under Former Minister Ben Ngubane and later the late Former Minister Lionel Mtshali, Arts & Culture was housed within the Ministry of Arts, Culture, Science & Technology.
While innovation and heritage shared space, culture was never the primary driver. Regulation remained secondary to broader state transformation priorities.
A Golden Window: Stand-Alone Arts & Culture
South Africa briefly experienced what a focused Arts & Culture Ministry could look like under Minister Pallo Jordan, followed by Minister Lulama “Lulu” Xingwana, and later Minister Paul Mashatile.
This period remains significant.
Under Former Minister Pallo Jordan, regulatory emphasis was clear and deliberate.
His tenure focused on policy consolidation, consultation, and standardisation of cultural governance in a newly democratic South Africa.
Under Former Minister Paul Mashatile, regulation again came into focus through policy consultations, sector repositioning, and momentum toward a Revised White Paper on Arts, Culture & Heritage.
These moments demonstrated that when Arts & Culture stands alone, regulation becomes possible.
Image: Pallo Jordan(Source: www.gov.za)
THE MERGER WITH SPORT: STRUCTURAL DILUTION
In 2014, Arts & Culture was merged with Sport — a decision that continues to shape the sector today.
Sport operates on:
- measurable outcomes (scores, medals, rankings),
- clear compliance structures,
commercial visibility.
Arts & Culture, however, operates on:
- intellectual labour,
- heritage preservation,
-- long-term social impact,
- precarious employment.
To this day, the question remains:
Why must culture always justify itself through sport?
Image: Lulama "Lulu" Xingwana (Source: www.gov.za)
RECENT MINISTERS AND REGULATORY DRIFT
The late Former Minister Nathi Mthethwa Regulatory emphasis was mixed and moderate. While White Paper processes and strategic plans were supported, the sector widely criticised the Ministry for limited responsiveness to regulatory reform and funding transformation.
Former Minister Zizi Kodwa
Regulatory emphasis was low, largely due to short tenure and operational focus.
Minister Gayton McKenzie (Current)
Early signals have focused on budget reallocations and programme changes, not yet on comprehensive regulatory frameworks.
This is precisely why 2026 must be the year we hear clearly and publicly about sector regulation.
In Sport, excitement surrounds VAR, spinning and performance metrics.
In Arts & Culture, practitioners are still waiting for:
- enforceable contracts,
- labour protection,
- funding transparency,
- regulatory certainty.
.jpeg "Caption: Paul Matshatile photo")
Image: Paul Matshatile (Source: www.gov.za)
FROM PATRONAGE TO REGULATION
Government must answer a difficult question:
- Why, after 30 years of democracy, does Arts & Culture still function largely outside a binding regulatory framework?
We have:
- policies without enforcement,
- strategies without continuity,
- institutions without binding accountability.
Artists remain classified as freelancers with no sector-wide labour protections.
Contracts vary wildly. Monitoring and evaluation are inconsistent.
Each new Minister brings tone and rhetoric — but regulation requires continuity, not charisma.
If the Public Finance Management Act binds departments and entities,
why is there no equivalent enforceable Cultural Regulation Framework?
.jpeg "Caption: Nathi Mthethwa photo")
Image: Nathi Mthethwa (Source: www.gov.za)
QUESTIONS THAT 2026 DEMANDS WE ASK
1. The Minister of Sport, Arts & Culture
When will Arts & Culture receive a clear, enforceable regulatory framework?
Is the Ministry open to reconsidering the structural positioning of Arts & Culture within government?
How will artists’ labour rights be protected beyond policy language?
2. Department of Sport, Arts & Culture (DSAC)
Why has policy not translated into regulation?
How is compliance monitored across funded entities?
Where are the consequences for non-compliance?
3. Parliament: Portfolio Committee
Where are the robust debates on cultural labour conditions?
Why does Arts & Culture receive attention during Heritage Month but fade in legislative prioritisation?
Is oversight limited to budgets, or does it include lived realities of practitioners?
4. DSAC Entities
Do state-funded institutions model fair labour practices?
Are contracts standardised?
Do entities advocate upward for regulation — or remain silent beneficiaries of ambiguity?
5. Cultural & Creative Industries Practitioners and Organisations
Are we organising strongly enough around regulation?
Have we normalised precarity?
What role must sector bodies play beyond events and statements?
6. Scholars & Academics
Where is the research measuring regulatory failure?
How is knowledge feeding into policy reform?
Are academic institutions engaging government beyond conferences?
.jpeg "Caption: Zizi Kodwa photo")
Image: Zizi Kodwa(Source: www.gov.za)
CONCLUSION: 2026 IS NOT OPTIONAL
Arts & Culture can no longer be an accessory to other ministries.
It is an economic sector, a labour space, a heritage custodian, and a constitutional right.
Regulation is not bureaucracy — it is protection.
If government is serious about transformation, then 2026 must be the year Arts & Culture moves from symbolic recognition to enforceable regulation.
Anything less is another delay the sector can no longer afford.
.jpeg "Caption: Gayton McKenzie photo")
Image: Gayton McKenzie
(Source: www.gov.za)
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