Actors and Performers Set to Be Recognised Under Labour Law

In a landmark development for South Africa’s creative and performance industries, the Department of Employment and Labour has published a notice of intent to classify actors, performers, and other creative workers as standard employees under national labour legislation. The move, announced by Labour and Employment Minister Nomakhosazana Meth, could finally extend formal worker protections - long denied to many in the film, television, advertising, and performing arts sectors - to performers who have historically been treated as independent contractors despite working under conditions akin to traditional employment.

At present, many actors and performers in South Africa are engaged as freelancers or independent contractors. This means they are not covered by the Basic Conditions of Employment Act, nor entitled to statutory rights such as regulated working hours, overtime pay, annual leave, sick or maternity leave, or protection against unfair dismissal. The government’s proposed change seeks to reclassify performers as employees, granting them access to fundamental labour protections including minimum wage provisions and benefits usually afforded to regular workers. The announcement represents a major shift in how creative labour is recognised under South African law. If enacted after the public consultation period - which runs until 22 February 2026 - the reform would mean that actors, crew members, and other performers in the creative sector will no longer be forced into insecure work arrangements with little legal recourse. It will also bring protections in line with contemporary understandings of employment relationships, addressing longstanding concerns that contractual status has left many creatives vulnerable to exploitation.

For decades, organisations such as the South African Guild of Actors (SAGA) and unions like NUMSA have campaigned for this recognition. Their efforts highlighted how the industry’s classification regime left performers with no job security, no entitlement to paid leave, and no collective bargaining power, even as they contributed to content generating significant economic and cultural value. Creative professionals often worked long hours with inconsistent pay and were excluded from basic rights that other workers take for granted. The move also reflects broader discussions about how labour law intersects with modern work structures. Across the globe, performers’ unions have been pushing for similar protections - including fair compensation for digital reuse of performances and safeguards in an era shaped by artificial intelligence and global streaming platforms. The South African proposal aligns locally with these international trends, even as it addresses the unique conditions of the domestic market.

Supporters of the reform argue that extending labour protections to performers is not just about fairness for artists - it could also bolster the creative economy. A clearer legal framework for employment rights may attract investment, help stabilize incomes, and make the industry more sustainable long term. Beyond the film and television sectors, the reform has implications for dancers, musicians, stage performers, and others whose work contributes to South Africa’s cultural narrative and its growing global visibility.

Still, this is a process, not a fait accompli. The public consultation period allows stakeholders - from industry bodies to individual creatives - to submit written feedback on the proposal before it can be formalized into law. With the consultation window now open through late February, the spotlight is on how performers, producers, and policymakers will negotiate the final contours of this reform.

If implemented, the reclassification of performers as employees would represent a historic shift for South Africa’s creative industries - one that acknowledges the value of artistic work and provides a foundation for more stable, rights-based careers in acting and performance.