Legal updates and opinions
News / News
Intention to deem all performers in advertising, artistic and cultural activities as employees
by Andre van Heerden, Director, Jacques van Wyk, Director, Hannah Fowler, Candidate Attorney and Mikayla Ehrenreich, Candidate Attorney
On 23 January 2026, the Minister of Employment and Labour, Mrs Nomakhosazana Meth, announced, in a Government Gazette published on the same day (“Notice“), the intention to deem all performers in the performance of advertising, artistic and cultural activities as employees.
The Government Notice states that, in recognising performers in the advertising, artistic and cultural spheres as employees, they will enjoy the protection of specific provisions under employment legislation. In particular,
(a) insofar as the Basic Conditions of Employment Act 75 of 1997 is concerned, the following sections: the regulating of working time (section 7); ordinary hours of work, overtime, rest periods, meal intervals, work on Sundays and public holidays (sections 9 – 19); leave entitlements, including annual, sick and maternity leave, and application to occupational accidents or diseases (sections 20 – 25); written particulars of employment (section 29); record keeping, payment of remuneration, payslips and deductions (sections 37 – 39); and severance pay (section 41),
(b)the Compensation for Occupational Injuries and Diseases Act 130 of 1993,
(c) the National Minimum Wage Act 9 of 2018; and
(d)and the Labour Relations Act 66 of 1995, in particular, the provisions dealing with fixed term contracts which exceed 24 months (section 198B(10)(a)).
The Notice provides, further, that interested persons may submit written representations regarding the abovementioned proposals within 30 days of publication of the Notice (i.e., by no later than 22 February 2026).
Any such written representations are to be made to the Director General of the Department of Employment and Labour at the following address:
The Director-General: Department of Employment and Labour
Attention: Acting Deputy Director General: Labour Policy and Industrial Relations
Private Bag X117, Pretoria, 0001
Email: SDinvestigations@LABOUR.gov.za
Latest News
Professional hunting courses may continue but charter fishing is prohibited – finding a rational balance
Updates on The Department of Environment, Forestry and Fisheries COVID-19 Directions for Fisheries, Forestry and Biodiversity Sector by Justin Truter, [...]
Non-payment of salaries leads to business rescue
by Bradley Workman-Davies, DirectorThe South Gauteng High court has recently handed down a judgment in which it placed two high [...]
Occupational Health and Safety Directive
by Jacques van Wyk, Director; Andre van Heerden, Senior Associate and Thabisa Yantolo, Candidate Attorney On 4 June 2020 the [...]
Update: Temporary Employer / Employee Relief Scheme (“TERS”) benefit payment to foreign national workers
by Jacques van Wyk, Director; Andre van Heerden; Senior Associate; and Thabisa Yantolo, Candidate Attorney On 1 June 2020 the [...]
The ranking of creditors’ claims – now settled law!
By Nastascha Harduth, Director and Roxanne Webster, Senior Associate Since the introduction of the Companies Act 71 of 2008 ("the [...]
The use of Broad-Based Black Economic Empowerment (“BBBEE”) criteria for government relief funds in the COVID-19 crisis
An analysis of the Solidarity/Afriforum case involving the Tourism Relief Fund for small micro and medium sized enterprises (“SMMES”) By [...]
