PERFORMERS AND PROPOSED LABOUR LAW REVISION DISCUSSION
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After Listening to SAGA at AFDA Johannesburg — The Sector Has No Excuse to Stay Silent
By Thami aka Mbongo Manzana
On the 17 February 2026 at AFDA Johannesburg, I did not hear a radical demand.
I heard a sober, well-argued, legally grounded call for clarity.
After listening carefully to the presentation by the South African Guild of Actors (SAGA), I left convinced of one thing: this is not an actors-only issue. It is a sector-wide turning point.
And if we fail to engage now — if we fail to submit inputs, attend meetings, and support structured reform — we will once again allow decisions about our industry to be shaped without us.
Image Source: SAGA
The Problem We Have Normalised
For years, creative workers have operated in contradiction.
We are called “independent contractors,” yet:
We are directed.
We are controlled by production schedules.
We are bound by contracts we often have no power to negotiate.
We carry professional risk without structural protection.
When disputes arise, freelancers fall outside the full protection of labour law. No automatic recourse. No collective bargaining rights. No systemic negotiation power.
What SAGA presented was not emotional rhetoric. It was a timeline — from the 2019 open letter by Vatiswa Ndara, through NEDLAC processes, to the current Government Gazette and labour reform debates.
The issue has been on the table for years.
The real question is: why has the broader sector not mobilised?
Image Source: SAGA
Deeming, Sectoral Determination, and the Fear of Regulation
There is widespread confusion — and in some corners, deliberate disinformation — around the “deeming provision.”
The fear narrative suggests:
Government wants to over-regulate.
Creativity will be strangled by labour bureaucracy.
Freelancers will lose flexibility.
But what SAGA’s presentation clarified is far more nuanced.
If freelancers remain outside labour protection, they remain structurally vulnerable. If government redefines “employee” without industry nuance, the result could be blunt, inappropriate regulation.
That is precisely why a sectoral determination is necessary.
A sectoral determination recognises the specific nature of the industry. It creates tailored standards. It enables collective bargaining. It provides dispute resolution mechanisms suited to project-based work.
In other words: it protects without flattening.
Image Source: SAGA
The Real Risk Is Not Reform — It Is Silence
The Department of Employment and Labour has opened space for submissions. The deadline is real. The reform process is moving.
If structures — guilds, associations, producers, technical bodies, independent organisations — do not submit inputs now, we forfeit influence.
Then we will complain later.
This is not a moment for spectator politics.
The presentation made something painfully clear: government is already reforming labour protections for gig workers across sectors — from platform drivers to delivery workers. Creative freelancers are part of that broader conversation whether we participate or not.
The sector can shape reform — or be shaped by it.
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Image Source: SAGA
Why I Strongly Support SAGA’s Position
I support SAGA’s position for three reasons:
1. It Is Grounded in International Labour Norms
The call aligns with International Labour Organisation standards around collective bargaining and worker protection.
2. It Recognises the Unique Nature of Creative Work
This is not about forcing actors into 9-to-5 employment structures. It is about acknowledging the hybrid nature of creative labour.
3. It Moves Us From Individual Survival to Collective Strength
The sector has been fragmented for too long. Individual contracts, individual negotiations, individual disputes.
Collective bargaining is not radical. It is global best practice.
Image Source: SAGA
A Call to Cape Town Practitioners — Attend Today’s Session
Cape Town practitioners must not treat today’s session as optional.
This is your opportunity to:
Ask difficult questions.
Challenge assumptions.
Seek clarity.
Shape submissions.
If Johannesburg was about understanding, Cape Town must be about engagement.
Attendance is not endorsement — it is participation.
Image Source: SAGA
A Call to Structures — Submit Inputs
Guilds, independent associations, producers’ bodies, cultural organisations, unions, and advocacy groups: this is the moment to submit structured, thoughtful inputs.
Do not wait for a perfect consensus.
Submit.
Engage.
Contribute.
The future regulatory framework of the creative sector is being shaped now.
Image Source: DSAC
This Is About the Entire Sector
What affects actors today will affect:
Musicians
Dancers
Writers
Designers
Technicians
Directors
Editors
Production crews
The freelance problem is not confined to one discipline.
If we want dignity, fair contracts, enforceable standards, and sustainable careers — we cannot remain fragmented.
Image Source: SAGA
A Turning Point We Must Not Waste
The presentation at AFDA was not alarmist. It was measured. It was informed. It was strategic.
This is not about choosing sides between employers and employees.
It is about building a mature industry that understands:
Rights and responsibilities.
Protection and flexibility.
Creativity and regulation.
Freedom and fairness.
History will not judge us on whether reform was perfect.
It will judge us on whether we participated.
SAGA’s position is clear.
The question now is whether the rest of the sector is ready to stand up — not just in conversation, but in formal submissions and unified engagement.
This moment is bigger than actors.
And we cannot afford to miss it.
How to Submit
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.
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