A HISTORIC SHIFT IN THE CREATIVE INDUSTRY
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This Is Not a Routine Notice — It Is a Turning Point
Why Every Creative Practitioner Must Submit and Attend
On 23 January 2026, the Department of Employment and Labour published a notice proposing to deem performers in advertising, artistic and cultural activities as employees for purposes of key labour legislation in South Africa.
For many in the sector, this may sound like another government circular.
It is not.
It is a structural shift that could redefine contracts, budgets, working conditions, liability, and rights across the entire creative value chain.
And the most important part of this process is happening now: public participation.
Why Making a Submission Is Critical
A written submission is not just a comment — it is a formal intervention in policy formation.
When you submit, you:
Influence the final wording of the law
Protect your specific discipline’s interests
Raise practical implementation challenges
Propose workable solutions
Place your concerns on official record
If definitions are too narrow, some performers may be excluded.
If they are too broad, some businesses may face unsustainable compliance burdens.
If contract structures are not properly understood, unintended consequences may follow.
The Department will rely on submissions to refine the proposal.
If practitioners do not submit, policymakers will assume either:
The industry agrees as is, or
The industry is indifferent.
Neither assumption may reflect reality.
Silence in policy processes often translates into acceptance.
Why Attending the Meeting Matters Just as Much
Written submissions are powerful — but engagement sessions are where nuance is unpacked.
Attending the meeting allows practitioners to:
Ask direct questions about implementation
Clarify misunderstandings in real time
Hear how other sectors are responding
Identify areas of consensus or concern
Shape collective industry positions
Policy is often shaped not only by documents, but by participation.
When a sector is present, informed, and organised, it commands respect.
When it is absent, decisions move forward regardless.
The Risk of Non-Participation
If practitioners do not participate:
Definitions may not reflect the realities of short-term and project-based work
Small and emerging producers may struggle with compliance if transitional arrangements are not proposed
Unique creative sector working patterns may not be considered
Implementation timelines may not reflect industry cycles
Regulation shaped without practitioner input may create strain rather than protection.
Participation reduces that risk.
This Is About Shaping the Future of Creative Labour
Whether one supports or questions the proposal, engagement is essential.
This is not about choosing sides.
It is about ensuring that:
The creative sector’s economic realities are understood
Worker protections are balanced with industry sustainability
Implementation is practical and phased where necessary
The final framework strengthens rather than destabilises the sector
Creative practitioners often speak passionately about transformation, dignity, and professionalisation. This is a moment to convert that passion into structured policy influence.
How to Submit
Interested parties had 30 days from 23 January 2026 to make written representations.
Submissions must be sent to:
The Director-General
Department of Employment and Labour
Private Bag X117
Pretoria
0001
For Attention: Acting Deputy Director-General: Labour Policy & Industrial Relations
Email: SDinvestigations@labour.gov.za
Your submission should clearly reference the notice on the intention to deem performers as employees and provide clear, reasoned input.
The Bottom Line
Policy that affects the creative industry should not be shaped without the creative industry.
Making a submission is influence.
Attending the meeting is visibility.
Participating is responsibility.
This is not just another regulatory update.
It is a defining moment.
And those who show up will help shape what comes next.
ATTEND TODAY SESSION IN PERSON
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