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 role of the Sheriff in the South African legal system
In the current economic climate, with rising interest rates and soaring inflation, many consumers are struggling to meet their debt [...]
Interest factor
and Lwazi-Lwandile Simelane, Candidate Attorney In circumstances where a debt arises and the interest rate is not specified, either by [...]
Company amalgamations and a lender’s security under a mortgage bond
Given the language of Sections 116(7)(a) and 116(8) of the Companies Act any registered mortgage bond in favour of a [...]
Proceed with caution: Transacting with Trusts and Trustees
Our courts have once again sounded the alarm to all trustees and parties transacting with trusts to have regard to [...]
Filling the gaps: examining the procedure to amend a Mining Right under the Mineral and Petroleum, Resources Development Act 28 of 2002.
A significant portion of the transactions that land on the desks of commercial mining attorneys in the Republic of South [...]
Who owns the tailings generated from previous mining activities?
and Mmatshepo Papo, Candidate Attorney In the decision of Mpilo and Zen Holdings (Pty) Ltd v Centurion Mining Company (Pty) [...]
