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
The Need to Plead Properly – Patel vs South African Securitisation Programme (RF) LTD & Others (790/2024) [2025] SASCA 186
by Jennifer Smit, Director On 8 December 2025, the SCA handed down a decision in the above matter which [...]
The union doth protest too much: NUMSA v BMW and the limits of court intervention in disciplinary proceedings
by Bradley Workman-Davies, Director The Labour Court’s judgment in NUMSA on behalf of Members v BMW (SA) (Pty) Ltd [...]
Evaluating the public interest effects of a merger: The Competition Appeal Court charts the course
by Paul Coetser, Director and Head of Competition and Kwanele Diniso, Associate When evaluating a merger, the Competition Act 89 [...]
What makes the “Best” mobile network? A South African perspective
by Ahmore Burger-Smidt, Director and Head of Regulatory Choosing the “best” mobile network depends on multiple factors. In practice, it [...]
South African Competition Commission’s Draft Guidelines on Minority Shareholder Protections: what businesses need to know
by Ahmore Burger-Smidt, Director and Head of Regulatory The Competition Commission has published Draft Guidelines on Minority Shareholder Protections for [...]
COMESA publishes important new Competition Regulations
by Paul Coetser, Director and Head of Competition and Raisah Mahomed, Associate The Common Market for Eastern and Southern Africa [...]
