South Africa's actors guild says country's president chooses American studios and streamers and neglects local artists, unpaid crews and ignores copyright reforms

by Thinus Ferreira

The South African Guild of Actors (SAGA) on Thursday slammed South African president Cyril Ramaphosa and said the country's president has chosen to be on the side of American studios, streamers and broadcasters while neglecting the plight of local South African artists, the alarming rise in unpaid crews, and ignored copyright reforms.

President Cyril Ramaphosa delivered his 2025 State of the Nation Address in South Africa on Thursday evening in parliament.

SAGA called out president Cyril Ramaphosa for what the organisation calls the neglect of South Africa's cultural and creative industries, unpaid crews and ignored copyright reforms, saying that the sector demands action.

"President Cyril Ramaphosa has never acknowledged the grievances of South Africa's cultural and creative industries," said SAGA.

"We have witnessed an alarming increase in incidents of non-payment of cast and technical crew, numerous reports of health and safety violations, criminal complaints of human trafficking, and deteriorating work conditions in an increasingly hostile production environment. But not a word from the president," the organisation noted.

"President Cyril Ramaphosa's stubborn defiance of the Constitutional Court order of September 2022 to amend parts of the Copyright Act of 1978 that violates the human rights of people with disabilities, is very revealing."

"In fact, South African creatives generally suspect that president Ramaphosa chose not to sign the Copyright Amendment Bill specifically to give assurance to American studios, streamers, and broadcasters that their commercial interests in South African film and TV productions remain subject to their monopolies."

SAGA said "The president has worked hard at ignoring our sector, and now that the final decision on the Copyright Amendment Bill sits with the Constitutional Court, actors who are desperate for the statutory right to earn royalties, are only too pleased that our fate lies with a competent authority and not with a bewildered, indifferent, and indecisive president."

Actor Nicky Rebelo noted that "American, British, French, Italian actors all receive residuals or royalties when the work that they have done is repeated or sold to other channels".

"But I never receive any residuals or royalties. I don't think that's right. I think it's time that we in South Africa were treated like other actors around the world."

Arts minister Gayton McKenzie promises fixes, admits South Africa's government failed artists: ‘They can't even open an Ellerines account’

by Thinus Ferreira

South Africa's arts and culture minister Gayton McKenzie has slammed the country's government for its failure to reform the entertainment industry and the system to prevent artists from suffering and perpetually dying in poverty.

Gayton McKenzie spoke at the funeral of singer Winnie Khumalo (51) and said the government is serious about fixing South Africa's broken entertainment biz system this year.

Winnie Khumalo died 7 January after a short illness and without a medical aid, followed by the death two days later of Victor "Doc Shebeleza" Bogopane after a long illness.

Gayton McKenzie branded The Cultural and Creative Industries Federation of South Africa (CCIFSA) – a representative body funded by the department of sports, arts and culture – as a "criminal organisation" that he said got millions of rands from the government with little to show for it.

"Artists in this country, you have been failed by us – your government," Gayton McKenzie said at the funeral service.

"I'm not pointing fingers at others – I’m part of government. We have failed you. We have failed artists in this country as a government."

"Let me tell you how have we have failed you: How come artists in this country can't even open an Ellerines account? They don't have a three months' bank statements. Artists in this country are not being seen as workers. How can that be? We have failed you."

"I came here for two reasons. I came to apologise because I am part of the people who have failed you. But I'm also going to be part of the people that bring the solution and fix what we have done wrong," he said.

"I send my sincerest apology because artists are being treated like nothing."

"Artists die.They are represented CCIFSA. Why can't CCIFSA pay for the funerals of artists? They're getting millions. Millions and millions and millions. They steal from artists."

Gayton McKenzie said "CCIFSA is a criminal organisation. I have the bank statements of how many millions they've got but the artists are still poor. Why did you get all these millions?"

"I will bring out the bank statements of how much you have been paid over all these years. You got millions and millions and millions. Where's that money? What have you done with that money?" 

At the funeral the veteran musician and producer Chicco Twala also spoke and revealed Winnie Khumalo suffered and had no medical aid.

"What we have are burial aids. Not medical aids. They only put money aside for us when we are dead. Winnie did not deserve to die the way she did. She suffered. Rethabile suffered alone. I saw Winnie two days before she passed on; what I saw was not okay. Winnie needed a medical aid.

"The likes of Winnie and many of our late musicians who were instrumentally generating millions into our sector deserve better. I want our government to do something about that."

Chicco Twala said "There are three companies: Universal Music, Warner Brothers, as well as Sony. They have collected more than R1 billion. Money that belongs to musicians like Winnie, producers like Sizwe Zakwe, the late Hugh Masekela. That money, they shared it among themselves and did not pay a cent to producers".

Earlier this month The South African Guild of Actors (SAGA) slammed the government and the minister for the inaction to protect the rights of workers in South Africa's TV and film industry where the casts and crews of several TV shows have gone unpaid for months.

After many months struggling to just get paid and losing homes and rental accommodation and forced to sell cars and equipment, the workers on Paramount Africa and Bakwena Productions' Pound 4 Pound series shown on the BET Africa (DStv 129) channel on MultiChoice's pay-TV service, finally got paid in December.

The cast and crew of Clive Morris Productions' Queendom series, also shown on Paramount Africa's BET, are however again and still waiting to be paid after production had shut down once more – the latest shut down for the troubled show due to people simply not being paid for their work.

The cast and crew of The Executives, produced by Sawita Productions and shown on the South African public broadcaster's SABC1 are also still waiting to be paid, while the cast and crew of Nikiwe, produced for eMedia's e.tv by Thomas Gumede and Lungelo Radu's Parental Advisory Productions are also waiting for payment for over a year. 

Jack Devnarain, SAGA chairperson, said "Nobody wants to step up and admit they failed to protect the rights of performers, crew and background actors".

"The problem is we have normalised silence. If you step back and look at the damage inflicted on the industry through non-payments, there should be all kinds of alarms, sirens, and media statements by the government, ministers wagging their fingers. There should be interventions by industry organisations, but no, none of that is happening – just silence."

ALSO READ: South African Guild of Actors criticises silence from industry and minister Gayton McKenzie over multiple issues like non-payment of casts and crews, asks for urgent intervention

Becky Casting owner admits she lured hundreds to kiddie tent camps with fake promises to star as Shaka iLembe extras.

photos: The Devi Show/e.tv

by Thinus Ferreira

Casting agent Becky Dube who plunged production of MultiChoice and South Africa's most expensive TV show into scandal admits that she lured hundreds of people from across the country to horrific kiddie tent camps with fake promises of getting roles as Shaka iLembe extras.

Devi Sankaree Govender of The Devi Show on e.tv tracked down the notorious Becky Dube (watch the episode here) who claims that the exploited extras - lured from three provinces hoping for Shaka iLembe walk-on roles only to live in squalor in tents - "consented to that".

The background actors casting scandal led to change, prompting MultiChoice, M-Net and Bomb Productions to implement a code of conduct document it demanded that casting agents working for Shaka iLembe now sign and that it hopes will be adopted through the wider local industry.

Shaka iLembe, produced by Bomb Productions for M-Net's Mzansi Magic (DStv 161) channel, is busy with production on its second season, with a third season that will be filmed in 2025.

Earlier this year before principal photography of the second season started, Becky Dube exploited and demanded that hundreds of people pay her R2000 each - only for them to be set up in tents surrounding Bomb Productions' base camp where filming of scenes in Muldersdrift took place.

Becky Casting demanded that prospective extras pay must pay a R350 "membership fee". 

Becky Casting then also demanded that they pay for two so-called "workshops" at R150 each, supposedly to "orientate extras on how things would be" when they get roles on Shaka iLembe. 

Over 300 people from Mpumalanga, KwaZulu-Natal and the Eastern Cape then had to cough up an additional R1250 each, only to discover they're getting flimsy kiddie tent accommodation surrounding the Bomb Productions show, without clean water, no food, no electricity or proper ablution facilities. 

This was after they had to pay for their own transport to get to Johannesburg.

It means that Becky Dube made over R500 000 from all of the people who paid her - although people who get roles as extras are not supposed to pay a cent and are supposed to get paid for their work.

Thabisile Xulu who wanted to be a Shaka iLembe extra said Becky "was rude and didn't respect us. She treated us as if she had picked us up off the streets. It was as if she had dumped us because she didn't check on us". 

After Bomb Productions intervened and told Becky Casting to fix the situation, the hopeful extras were moved to a dilapidated church in Melvern where people slept 13 to a room and eat off the floor.

Extras were then threatened by Becky Casting and told they would not get any work if they spoke out about the conditions and their circumstances.

"She said we were wasting our time speaking to the media because we would be fired," Thabisile Xulu said.

Jack Devnarain, chairman of the South African Guild of Actors (SAGA) told The Devi Show that "having to pay your agent a commission, on top of a rental - it's not just a violation of industry rules - it's just crazy. Ultimately Bomb Productions is responsible for every single person who is going to be on that set".

"It would be right to look at this in the context of human trafficking. The conditions in which they were kept is a misrepresentation. It wasn't what people were told and they certainly didn't get work every day which is what they were promised."

Jack Devnarain said South Africa's TV and film industry "is still playing catch up, trying to establish basic rights for performers and for creatives. It means we are not protected under any basic conditions of employment". 

"We should be ashamed as South Africa and we should take full responsibility for the fact that the creative sector is not regulated. We are an anomaly. So we have created a system that punished the most vulnerable people within this sector."

Bomb Productions which is busy filming Shaka iLembe as the biggest and most expensive TV production ever made in South Africa, said it didn't make any promises to Becky Casting for extras to get work. 

Together with MultiChoice and M-Net, Bomb Productions has now implemented a strict new code of conduct for casting agents to sign, following the scandal, to prevent any similar occurrences and to prevent being blindsided again.

Thabo Boom, a Bomb Productions producer, told The Devi Show "We hope that the wider industry will take this code of conduct and utilise it so that we try, while we argue for more regulations, that we make sure that we protect extras". He said Bomb Productions will never work with Becky Casting again.

ALSO READ: Shaka iLembe: Bomb Productions extras threatened as Sasfed calls for full investigation over exploitation.

Shaka iLembe: Bomb Productions extras threatened as Sasfed calls for full investigation over exploitation.

by Thinus Ferreira

As extras and potential extras have now had threats made against their lives if they dare to speak out about their horrifying experiences, the South African Screen Federation (Sasfed) says it demands a full investigation of MultiChoice and M-Net's second season of Shaka iLembe after allegations of background performers who were treated like slave labour by casting agencies for the Bomb Productions show.

Extras and potential extras say they've now been threatened if they speak out about the horrible living arrangements and treatment they've been subjected to since the beginning of May.

Bomb Productions employed over 8 000 people for the first season of the show - a number that is set to increase for the second season which will feature big battle scenes as a young Shaka amass a massive Zulu army.

The second season of Shaka iLembe, currently in principal photography in Johannesburg, is mired in scandal after revelations that the base camp has allegedly been surrounded for weeks by tent camps filled with people living in squalor here as well as a house in Kempton Park, hoping to get "roles" as background performers.

Bussed in at their own cost from KwaZulu-Natal and Mpumalanga and paying "rent", while some managed to appear in filmed scenes, many have been hoping in vain to snag a role as an extra in Shaka while they've been struggling to find food to eat or accessing basic ablution facilities.

Lerato Taba, national coordinator of Sasfed - an umbrella body that represents production companies and South Africa's independent film and television industry - says extras on MultiChoice's prestige series for its Mzansi Magic (DStv 161) channel "may have been exposed to discriminatory conduct by certain casting agencies".

"Sasfed is opposed to all forms of mistreatment. It is for this reason that we call for a full investigation by relevant authorities into the matter. We also call on anyone with information to come forward and assist with the investigation."

MultiChoice and M-Net's Mzansi Magic channel only issued a terse statement earlier this week, nothing that "MultiChoice has been made aware of unauthorised camps established by casting agencies near the shooting locations for Shaka iLembe season 2" and that "these camps, housing hundreds of extras in unsafe and closed quarters, are not sanctioned by MultiChoice or any official partners associated with the series".

MultiChoice said "The unauthorised camps identified are in direct violation of these standards and pose serious risks to participants. We strongly advise all extras and potential participants to only engage with verified and legitimate casting agencies affiliated with our production."

MultiChoice and Mzansi Magic didn't respond to specific questions posed in a media query made on Tuesday. 

The Randburg-based pay-TV operator was asked whether it and Bomb Productions are now changing casting agents.

MultiChoice was also asked whether Bomb Productions and M-Net did due diligence in terms of extras casting for this season, and if so what it was; whether there are safety officers on set and if they were aware of what was happening and at these camps, and what MultiChoice makes of people who have now been threatened with their lives if they speak out about their experiences.

Bomb Productions in a statement said "We are extremely concerned by this and have launched an urgent investigation into the alleged agencies, as well as informed all who supply extras to our productions that any found to be contravening the code of conduct will not be engaged with".

According to the production company, while its legal and fact-finding investigation remain ongoing "Bomb received reports of a makeshift campsite housing many people claiming to work for Shaka iLembe and launched an immediate investigation discovering people had been invited by Becky Casting with a promise to work on Shaka Ilembe".

"Bomb has never requested or authorised this. Our investigation found people had paid Becky Casting for accommodation but were living in what we deemed an unsafe and undignified makeshift campsite. Bomb management acted swiftly, demanding Becky Casting address the worrying situation and disband, we also informed the local authorities."

"Bomb has a 20 year professional track record of commitment to creating as many employment opportunities as possible, paying people decent industry-accepted rates and paying on time. Anyone jeopardising this is reckless."

"We are thus deeply aggrieved by the scurrilous behaviour of casting agents for tarnishing the reputation of Bomb and this important historical project, which creates employment for so many."

The South African Guild of Actors (SAGA) says it continues to get calls and messages from people who say they were exploited and received "several verified reports that hundreds of background extras brought to Johannesburg from KwaZulu-Natal and Mpumalanga to work on Shaka iLembe are being forced to pay their agent rent and have only had a few days' work in three weeks".

"Needless to say, the agent will still take their commission from the actors' earnings. The actors are not being fed, have no per diem, and they feel that the agent has abandoned them."

"SAGA is in communication with the Directorate for Priority Crime Investigation (Hawks) and we have submitted an affidavit that will help them determine the way forward. We won't stop fighting for a safer and fair industry where exploitation no longer exists".

A veteran producer not connected with the show told me "it looks as if there won't be any repercussions as the victims are frightened of being blacklisted if they officially speak up. For once there needs to be real repercussions for all concerned - including the producers who did not do due diligence".

"These poor extras are now sent back to KwaZulu-Natal with no money and more out of pocket than they were before. This shouldn't be. There are safety officers that should be on set but they are mostly not used as broadcasters and streamers are cutting budgets and have no line item for safety officers. Where does the bucks stop?"

TV show 'lunch': Background actors on Durban-filmed production fed a shock box of corn and carrots, Stained Glass Pictures denies it's Uzalo.

by Thinus Ferreira

A lump of cold rice, a few centimetres of corn on the cob and a few carrot pieces - thrown into a foamalite box - is what background actors allege they've been served on Tuesday last week as craft lunch in Durban on the set of a South Africa TV show.

While a newspaper report said it's on the set of SABC1 and South Africa's biggest TV show, Uzalo, Stained Glass Pictures denies that this food, in this way, was served by this production which is also filmed in Durban.

A shocking image, taken by a background actor of the food they were served as part of a TV show's craft service, came to light last week - with the barely-there "lunch" looking like the scandalous lunch box that festival-goers received at the disastrous Fyre Festival in April 2017 in the Bahamas.

Background actors have now come forward to share and show what they got to eat, claiming that the "meals" they have been served for lunch differed from those given to the show's main actors and crew. 

It's standard in South African craft and catering services that all cast and crew eat together and are served the same food on a production, without any delineation between main and other on-call or guest actors, and crew.

While even on big-production, big-budget shows the craft service is never five-star food since cast and crew are not on-set to eat, it is an included production budget expense line-item with decent portions, bulk-prepared but properly made and served, and often with the option for a second helping.

After the image was shared on social media last week, Jack Devnarain, chairperson of the South African Guild of Actors (SAGA) shared another image of "breakfast" given to background actors in Durban. 

It's unclear what Durban-based production this "breakfast" - also in a foamalite box comprising a hard-boiled egg, a vienna, and a piece of bacon on top of a few baked beans - is from.

Jack Devnarain noted "It's an absolute disgrace and an insult to both the background actors and to the industry itself. The worst part is that its now become the new normal. This pic [is] from background actors in Durban - this is breakfast apparently".

The Sunday World newspaper quoted Uzalo production insiders and background actors who claim they were ordered not to even ask for water or juice since that "is reserved for the main crew of actors, video editors and lightning guys". 

Background actors say Uzalo main cast members get to eat "better food" like salads, beef and chicken.

"The shabby treatment started last week," a background actor said. "I thought it was a temporary thing but it has gone on until this week. I was expecting a better service since Uzalo is one of the big productions in the country".

"At Stained Glass TV, we take such matters seriously and are committed to ensuring the well-being and satisfaction of all individuals involved in our productions," King David Mukwevho, Uzalo series producer told TVwithThinus in response to a media query.

"We also consulted with the catering team to conduct thorough investigations, and we are certain that the referenced image does not belong to our production."

"Whenever we are serving food, there is always enough for everyone. This could be another production that shoots here in Durban. Our priority is to provide a comfortable and nourishing environment for everyone on set."

OPINION. If Netflix claims an open-door policy why doesn't it want to talk to South Africa's actors?

by Jack Devnarain

The arrival on our shores of Netflix and Amazon Prime has certainly revolutionised the way we consume entertainment. As two of the world's leading streaming services, they offer a vast library of films, series, and documentaries; it’s clear why they have captivated audiences worldwide. 

South African consumers in particular were hungry for more entertainment options and were thrilled to welcome them. But have they led us to the land of milk and honey, or are we lambs to the slaughter?

Did streaming services approach the South African market and invest in local production for our benefit, or solely for their own profit?

Netflix certainly said all the right things to charm local talent and content creators. They highlighted their commitment to fair remuneration for authors and performers and made encouraging noises about uplifting and growing our entertainment industry while stimulating the local economy.

They assured us of their open-door policy; they were eager to learn more about what made local producers and creators happy. In short, the newcomers were keen to foster an environment of success that would be beneficial to all parties. That was until proposed reforms to our copyright legislation ruffled their feathers and the backlash began.

Now, thanks to the current SAG-AFTRA and WGA strike action in the United States, the flaws in the streamers’ subscription-based business model have bubbled to the surface. Big name stars are pointing out that the current system makes a fortune for the streaming companies and studio-heads, but that this does not trickle down to the talent in the trenches.

South Africa’s outdated Copyright Act from 1978, and its companion Performers’ Protection Act from 1967 are overdue for revision. The proposed changes would be positively transformative for the local film industry. 

But Netflix is disturbed by any changes to local copyright laws. They have raised particular concern over statutory royalty payments, stating that this is simply “not compatible” with the Netflix business model.

They claim that they have no way to track exactly which content leads to new subscriptions or what keeps existing subscribers hooked. This is extremely hard to believe, given their own quoted numbers: since 2016 they boast over 170 South African movies, series, and documentaries on their platform, including such originals as Blood and Water, My Octopus Teacher, and Queen Sono.

 
Their own Socio-Economic Impact Assessment report for South Africa shows that, between 2016 and 2022, they spent R1.8 billion on local content, estimating that this investment resulted in an R2.5-billion contribution to South Africa’s GDP. 

They further claim that over 7 000 jobs were created by Netflix productions in South Africa over the past seven years. How then is it not possible for them to know why viewers have subscribed? 

Surely such a substantial investment – an amount deemed worthy as proof of their local impact – must have been backed up by extensive market research?
 
But let’s return to their concerns about statutory royalty payments. It seems Netflix has not understood the proposed updates to legislation, nor are they familiar with the contents of the bills. 

They claim the draft provisions would prevent producers, authors, and performers from choosing between different forms of remuneration — such as an up-front lump-sum payment in lieu of royalties. Disingenuous as it is to suggest that local performers have ever had a choice in their manner of remuneration, Netflix has missed the point altogether. 

In fact, "equitable remuneration" – as laid out by the Performers’ Protection Amendment Bill – is the upfront buy out option. So, what exactly is Netflix protesting?
 
Not only has Netflix already claimed a rather large investment into the local market, the figures they share also demonstrate that they are, indeed, able to track the viewership of local content on a global scale. 

They clarify that while local viewership for a South African title might only be a million views, thanks to Netflix and their global reach it might stream up to thirty times that viewership across the world. 

In addition, local productions are being dubbed into foreign languages, further extending their reach into new markets. Local producers should benefit from those increased earnings, but with the way Netflix insists on licensing content, the producers’ share is nil. 

Netflix’s reaction to the very legislation designed to ensure fair compensation for local creators, is really telling. If the streamer is genuinely concerned about the growth and stability of the production sector in South Africa, why are they so vehemently against an equitable sharing of revenue?
 
If they are truly open to working with local industry to ensure that everyone is happy, why are they not willing to come to the table to discuss these issues with all parties involved? SAGA has been trying to arrange a meeting with Netflix executives for around two years now, with little success. In fact, at our last request for a meeting we received a curt “thanks but we decline”.  
 
The proposed copyright reforms will not only transform the South African film industry, but will align our industry with international standards, helping us to address problems that need more up-to-date solutions. 

The updated legislation will also enable us to anticipate what changes we could expect to see over the next few years as technology continues to advance, both in the production and consumption of content. By refusing to engage local role-players and adapting to the real needs of the industry, Netflix is effectively blocking transformation of the sector.
 
Striking an equitable balance is crucial to protecting both creators' rights and consumers' interests. 

Only through transparency and cooperation can we create an environment where everyone benefits, from creators and audiences, to streaming platforms like Netflix. But to do that, everyone needs to be on the same page. Right now, we’re not even in the same library.

Jack Devnarain is the chairperson of the South African Guild of Actors (SAGA) and this is an opinion piece.

South African actors on the US strike: 'We're absolutely in this fight with our American counterparts'.

by Thinus Ferreira

Filming of at least one series of a video streaming service, done in Cape Town, has shut down following the SAG-AFTRA actors' strike in the United States with more overseas productions done in South Africa which will follow, while the South African Guild of Actors (SAGA) says they stand united in the fight behind their American counterparts demanding better contracts and working conditions. 

American actors have joined writers, who have been striking for 80 days and counting, with three of Hollywood's big three labour unions that are now on strike.

It comes after SAG-AFTRA asked its 160 000 members to strike after the drawn-out negotiation period with the Alliance of Motion Picture and Television Producers (AMPTP) which represents Hollywood's biggest studios and video streaming services like Netflix, expired.

SAG-AFTRA demands structural changes and improvements to the residuals paid to actors by video streaming services - the money actors earn when their work is shown on streamers. SAG-AFTRA also wants regulations to be put in place around the utilisation of generative artificial intelligence (AI) when creating TV shows and films.

"SAGA stands in solidarity with SAG-AFTRA and the Writers Guild of America (WGA)," Jack Devnarain SAGA chairperson told TVwithThinus.

"We are very aware of the issues that they have raised during their negotiations with the streamers. We think that these are critical issues which are of global importance because even in South Africa we are confronted with the same issues."

"American actors are looking for better residual payments for their work on the streaming platforms and very importantly, they are also looking for protection from AI so that their work can't be replicated or co-opted by software programmes. These are some of the big issues that we are facing in South Africa as well," Jack Devnarain said.

"The big difference is that while in the United States those actors have the right to unionise and to engage in industrial action, in South Africa freelancers are not protected by the Labour Relations Act - in fact, we are specifically excluded. It means we may not form a union, or engage in union activities, or to engage in industrial action like going on strike".

"This is an important opportunity in terms of establishing an industry standard around the world," Jack Devnarain said.

"Because the US is such an important engine for creative industry growth and productivity, it means that the issues they are confronted with were always going to reach boiling point much faster than anywhere else in the world. Now we are there."

"The unions in the US have taken a bold and absolutely necessary stance to stop the abuse of performers and writers and to stand for some kind of protection and to guarantee the residuals that need to be paid to performers."

"Of course in South Africa, not only are we denied royalty payments, but we also have the streaming platforms that have come into South Africa and are shamelessly exploiting South African talent while claiming that their business model does not allow for any residual payments."

"We absolutely are in this fight with our American counterparts," Jack Devnarain said.

SA: There will be show suspensions

SAGA said it's knowledgeable of at least one show for a global streaming service that suspended production in South Africa last Friday which is one of the Cape Town-based shows.

Jack Devnarain said that "We are likely to see more of those, and those are necessary suspensions because they are using US talent. Yes, there will be suspensions, and as a result there may be work being diverted towards South African writers, possibly even South African actors."

"There is however no chance that any member of the South African Guild of Actors or the Writers Guild of South Africa would exploit any such opportunity to their benefit."

Netflix South Africa which has the most shows in production in the country of the global streamers on Friday didn't respond to a media query seeking comment about the shuttering of its local shows utilising American talent. 

Amazon Prime Video SA which has also started to commission and produce shows in South Africa like LOL: Last One Laughing South Africa which has comedian Trevor Noah as host, also didn't respond to a media query.  

SA: Battle for residuals continuing

According to Jack Devnarain the discussion around actor royalties in South Africa "is still very much on the table and following the parliamentary process".

"What we are looking at is the procedural delays that happen when you are engaged in that parliamentary process. Right now the bills are sitting with the National Council of Provinces and we are expecting that in July the provinces themselves will be making their representations on the changes that they have approved on the bills. We expect a final vote from the National Council of Provinces by September."

"With that timeline - in the course of that delay - we are very aware of a very strong lobbying effort that is being conducted by such organisations as the Commercial Producers Organisation of South Africa (CPA), the Independent Producers Organisation (IPO), Netflix and MultiChoice. These are some of the organisations lobbying very strongly against the bills."

Coronavirus: South Africa's decimated film and TV industry allowed back to work amidst Covid-19 pandemic – but without extras or studio audiences.

by Thinus Ferreira

South Africa's decimated film and TV industry got the greenlight to reopen from today but as cameras, lights and action flicker back on inside studio lots across the country it will be without actors and presenters wearing masks on-screen, extras in the background or studio audiences.

After the country's already-struggling film and TV biz was abruptly encased in carbonite over the Covid-19 pandemic, frozen to a standstill for over 5 weeks except for the ongoing production and broadcast of TV news and current affairs programming, there's a new hope.

On Sunday night 3 May the South African government gazetted regulation amendments under the Covid-19 Level 4 shutdown situation, paving the way for the reopening of the local TV and film which has been hammered by the national lockdown period to try and curb the spread of the novel coronavirus.

Filming on-set is scheduled to resume today at the Sasani Studios lot in Johannesburg at SABC2's 7de Laan produced by Danie Odendaal Productions, SABC1's Skeem Saam, kykNET's Binnelanders at Stark Studios and several others, with more shows across the country including Cape Town and Durban that will gear up during the week.

Marlon Davids, e.tv managing director, told TVwithThinus in response to a media enquiry that e.tv's two weekday soaps Rhythm City and Scandal! will resume production during the week of 4 to 11 May 2020. 

The restart will however be mostly centred around the flurry of locally-produced soaps and drama series seen in primetime across SABC1, SABC2 and e.tv, as well as M-Net's Mzansi Magic, 1Magic and kykNET channels.

Some of them have already run out of their stockpiled episodes over the last two weeks, while the available episodes left for playout in the video stack cupboard of the rest are dwindling fast.

Other shows that will flicker back to life in a limited fashion with new episodes include local studio-based magazine shows across the SABC, SuperSport and the M-Net channels such as Kwêla on kykNET, produced from Cape Town, that was already out with a newly recorded episode on Sunday night.

While shooting of scenes in feature films and on-location filming can technically happen it's highly unlikely due the expensive overall production cost to start up for only certain scenes. Cinemas from Ster-Kinekor to Nu Metro, including independent film theatres countrywide, will all remain shuttered.


Extremely strict rules
The restart will however come with extremely strict rules. Film and TV crews working on shows already attached to a broadcaster and making use of local casts and crews are allowed to return to work and to the studio.

This includes crew working on post-production, for instance editors, and anyone working on sound and special effects, animators, or anyone finishing material in specialised studios. 

The South African government is placing the responsibility for the reopening of studio doors on broadcasters - the SABC, the MultiChoice Group including divisions like M-Net and Supersport, and eMedia Investments.

They may "elect to resume content production based on risk assessment" and are cautioned to only restart shows "that can be produced with minimal risk", for instance soaps and telenovelas shot in a studio environment that are easier to handle than location shoots.

"Broadcasters must identify solutions to ensure the protection of performers and production crews" according to the Government Gazette, and should "retain, to the extent possible, a work from home approach".

"Each broadcaster must work closely with the respective production companies and the relevant industry bodies to determine the most appropriate return-to-production strategy and feasible implementation dates."


Studios gearing up for germ spreading prevention
Although studio crews will wear them, the local casts of TV soaps won't immediately appear on-screen wearing face-coverings - if ever. Gone are extras and studio audiences for shows like game shows, reality talent competition shows and talk shows.

There are three reasons for soap stars who won't immediately be seen wearing masks and plastic shields on-screen: Soaps and telenovelas will continue filming the locked scripts and story arcs already written and in the production pipeline before the Covid-19 lockdown began - stories that don't include Covid-19 or a public pandemic.

Secondly, newly filmed episodes will take some weeks to be shown.

Lastly, while most soaps might incorporate elements like health advice and work in Covid-19 messaging into dialogue since they collectively reach a viewing audience of millions and do to a degree reflect real-world issues, their purpose is escapism.

Viewers primarily tune in to get a dramatic entertainment reprieve from the day's problems and issues dominating the news headlines.

Soaps and telenovelas will start to look different however with more close-up shots and bare backgrounds. They will be cutting down on using extras - walk-on, non-speaking roles in the background.

Studio audiences where they have been used are also for now a thing of the past, for instance the upcoming studio-based finale of the second season of The Bachelor SA on M-Net.

Sasani Studios in Highland North in Johannesburg - where 7de Laan, e.tv's soaps like Rhythm City produced by Quizzical Pictures, Scandal! produced by Ochre Moving Pictures, The Venda soap Muvhango on SABC2 and Skeem Saam on SABC1 are all filmed - is a good example of what will be happening at TV productions and studios across the country including Cape Town and Durban.

The Sasani Studios facilities management team together with TV series produced there are now doing temperature and screening at the gate before entry onto the studio premises is permitted, with face masks and shields that are provided to cast members and crew.

Nobody is allowed to enter on-site or roam on the studio lot without it. Alcohol-based hand-sanitisers have been set up at various points and a register is being kept of all cast and crew, including recording daily temperates and possible symptoms. The cleaning and sanitising process has also been intensified.

At 7de Laan specifically only one-third of the cast and crew are now permitted on-site, as staff rotate and others continue to work from home. Staffers now do meetings and conference calls over Skype and Zoom, while extras will only be used if it's "absolutely necessary".

Only essential crew will be on-set during filming, wearing their face masks and shields. There will no longer be any intimate or close contact scenes between actors.

Make-up crews will wear plastic face shields at all times, and while every actor has always had their own makeup brushes, that will now be disinfected after every application. All jewellery will now be sanitised before it's handed to an actor.

Objects that are handled by more than one person - with special attention to props handled by crew and actors - will be sanitised between team activities.

Nathi Mthehtwa, South Africa's minister of sport, arts and culture, said on Monday that on-set meals and craft services "must be packed in boxes, per person, with sealed cutlery - alternatively, the crew and cast must be allowed to bring their own meals. There must be no shared craft and catering areas".

"Crew and cast must be supplied with their own water bottles," he said. "The number of cast and crew must be kept at the maximum of not more than 50 people on-set, inclusive of cast members".


Thousands of freelancers left without income
The abrupt shutdown has already seen an as yet unquantifiable number of job losses clearly numbering in the thousands within the embattled South African film and TV industry.

The National Film and Video Foundation (NFVF) told TVwithThinus over the weekend that it's impossible at this stage to give a number on job losses or how many people within the fragile industry will be impacted.

The NFVF will be working with several industry organisations to start a process of quantifying how many people have lost work and is impacted by the shutdown.

Although impacted, broadcasters like the SABC, e.tv and MultiChoice are best positioned to weather the Covid-19 storm but the lockdown has been wreaking devastation on independent production companies and producers as well as freelancers or so-called "independent contractors".

It's these people - from cameramen to make-up artists, video editors to lighting technicians, location scouts, craft services and many more in specialised jobs within the industry - who have suddenly been left not just without jobs and the cancellation of upcoming projects but also no lifeline or any financial support from the South African government for which they don't qualify.

"Freelancers in our sector are left not only without an income due to the lockdown, but without any income relief," Jack Devnaraian, chairman of the South African Guild of Actors (SAGA) told eNCA in an interview over the weekend.

"It's a blatant and unforgivable oversight by the government to have an entire sector of tax-paying people who work within the industry - who are simply left to their own devices - hoping that something will drop from the heavens above".

South African Guild of Actors (SAGA) weighs in on the latest actor-producer-broadcaster TV biz row highlighted by Vatiswa Ndara: 'The exploitation will continue'.

The South African Guild of Actors (SAGA) is weighing in on the latest actor-producer-broadcaster row in the country TV industry, highlighted by the actress Vatiswa Ndara speaking out about allegedly deplorable production and pay issues, with SAGA saying that the exploitation of actors will continue unless actors are given a voice.

It comes after actress Vatiswa Ndara's scathing 6-page open letter to South Africa's minister of sports, arts and culture in which she alleges exploitation by the Ferguson Films production company, of being underpaid and undervalued, and not getting residuals for rebroadcasts.

She quit the iGazi drama series on MultiChoice's Mzansi Magic (DStv 161) channel, after two seasons over the paltry pay impossible conditions.

Connie and Shona Ferguson, the actor-producer couple who owns and runs Ferguson Films and have produced several series like iGazi and The Throne for M-Net's general entertainment channels, on Wednesday in a statement said that the company "is pretty much in the same boat as the artist".

Ferguson Films said that the production company that is commissioned to make a show for a channel like Mzansi Magic, doesn't own the rights to the show and "does not reap the financial benefits through repeat broadcasts, licensing deals and repackaging of the show".

It's not the first time that actors have come forward to publicly complain about on-set production issues, payment disparity and the lack of residual payments.

The latest public flare-up about an ongoing - and unresolved - South African TV industry issue about adequate actor representation and remuneration has seen previous, similar scandals engulf shows and broadcasters ranging from the SABC to M-Net and e.tv when actors have vented their frustrations about being unable to secure better deals after they've appeared in successful shows.

"Unfortunately Vatiswa Ndara speaks to a portion of something that is systemic - it is everywhere. It is in audio-visual, it is in threatre, is affects performers no matter where they are, in whatever productions they are in," said Carlynn De Waal-Smith from the South African Guild of Actors (SAGA).

In an interview on eNCA she said that "there is exploitation that happens, there are working conditions that are not satisfactory, there is this power-struggle between the producers, the broadcasters, the financiers and the actors are at the very end of the food chains."

"Everything trickles down to the actor. And the weird thing is the actors are on screen - they're the ones who make your programme. They're the ones who get the ratings. So ultimately it doesn't make sense to me that there isn't that kind of mutual respect that says 'You are valid to this production. And we understand that we are valid in producing it or broadcasting it."

"People are not sitting at the same table and to a large extent the exploitation will continue until people realise that we are all part of a very important value-chain but that ultimately actors need to have a voice. The South African Guild of Actors is the only organisation for actors that can speak on behalf of actors."

"Producers are at the whim of either financiers or the broadcasters. So they are also sitting within a box. The problem is you have to put content on screen and broadcasters and producers will do it at whatever cost."

"It was a number of years ago that I realised that the TV productions that were happening were X-amount per minute, and 10 years later, they were half of that. They're trying to produce the same quality programming, but for half the price. The problem is that actors are being paid less now than what they were paid then."

"Also, there is no kind of standard. There is no regulation in the industry," she said.

Carlynn De Waal-Smith said that "if you go to the SABC they don't have any archive of anybody's contracts. If you go and try to claim for repeat fees you have to basically give them the contract. Surely they should have it because they're responsible for paying repeat fees. They don't have any of that documentation."

"There is nobody in the value-chain that is taking responsibility."


A systemic issue
Unathi Malunga, an entertainment lawyer, said on eNCA that "it is a power-play because if you don't have leverage to negotiate a better deal then you are at the mercy of the other party"..

"I do think it's a systemic issue. I also think that the whole value-chain of this industry needs to be looked at because there are kinks at every point along the value-chain."

She said that "from the producer's point of view it is a budgetary issue because now they have to make the same content for less money. Any time that we ask that something be done, for example having safety officers on set, it becomes a budget issue, so nothing then gets addressed".

"If the other party has no power, the production company knows that you are not going to challenge. They know that you're not going to go to a lawyer, you're not going to take it to court, so it is the wild, wild west."

"Overseas what guilds like SAG do is they set minimum floors. They say this is what you can earn on a commercial, earn on a soap. Then producers cannot use non-union members - and that's the crux. 

"When you as an actor, something happens to you on set, who do you go to report to? That also needs to be sort out in terms of sexual harassment."


'You think it's going to get better and keep allowing it to happen'
Vatiswa Ndara said when she starred in the Home Affairs drama series, produced by Penguin Films for SABC1, "I walked away with R9 000 for the entire series".

"You think it's going to get better and you keep on allowing it to happen. I'm so upset with myself because I knew back then that there's something wrong with this but I just carried on because I did not want to rock the boat".

"Broadcasters all claim that we look out for the interest of everybody on set. What is it that they do, actually, to prove that?"

Parliament's portfolio committee on arts and culture calls for improvement of safety conditions on South African film sets; SA Guild of Actors calls for comprehensive enquiry after death of aspiring actor Odwa Shweni.

Parliament's portfolio committee on arts and culture on Wednesday in Cape Town said safety and working conditions on film sets must be improved as a matter of urgency.

It follows after the plunge-death of the aspiring actor Odwa Shweni (39) on Thursday last week when he fell 40 metres over a waterfall during a rehearsal for a fight scene for the film Outside at the Sterkspruit Waterfall in the Drakensberg.

His body was recovered on Friday morning at the Sterkspruit waterfall close to Monk's Cowl where he slipped and fell.

Sipho Singiswa, director of Outside, producer Gillian Schutte who didn't want to comment, as well as cast and crew members are apparently extremely traumatised about the death, after the production allegedly only paid the the R40 entrance fee as visitors and entered the park to rehearse scenes.

South Africa lacks and has no official, regulated national safety protocol for local film production, unlike the case for overseas productions.

Most film productions and production companies however have insurance that requires safety protocols and adherence to this.

"The untimely death of Odwa Shweni raises many questions about the safety procedures during filming and rehearsals, and this is a matter that should be looked in to with all urgency," Xoliswa Tom, committee chairperson said in a statement.

"The committee extends its heartfelt condolences to the family, friends and colleagues of Odwa Shweni and wishes them strength during this difficult time."

Jack Devnarain, South African Guild of Actors (SAGA) chairperson told Radio 702 that several cast members of Outside were unhappy about how the film production was managed and that the production and the circumstances around Odwa Shweni's death must be investigated.

"This must be investigated. It has to be the subject of a comprehensive enquiry. Did producers take the time, put in the effort to follow basic industry guidelines? What steps did they take to mitigate them to protect the crew?" said Jack Devnarain.

Aspiring actor Odwa Shweni dead during rehearsal of scene for the film Outside, after he plunged over the Sterkspruit waterfall.

The aspiring actor Odwa Shweni (39), an IT specialist living in Centurion, died on Thursday last week after he plunged more than 40 metres to his death over a waterfall in the Drakenberg during rehearsals for the film Outside, with Winterton detectives who have opened an inquest.

Odwa Shweni, who was married with two small children, was with a film crew doing a rehearsal for a fight scene for a movie shoot when he fell over the waterfall and died. 

His body was recovered on Friday morning at the Sterkspruit waterfall close to Monk's Cowl where he slipped and fell.

The waterfall that has a small pool with several rocks, was at full strength due to recent rains.

According to KwaZulu-Natal police spokesperson Thulani Zwane the actor fell and died around 17:15 and the police's search and rescue unit was unable to look for him since it was too dark and dangerous. 

His body was removed from the water on Friday morning at around 10:00 with members from Search and Rescue from Pietermaritzburg and Empangeni who were at the scene.

According to the police an investigation will be started after allegations of a lack safety standards from the Outside film production crew who allegedly entered the park as day visitors, paying R40.

The South African Guild of Actors (SAGA) says it will also be asking questions about the alleged lack of safety on set at Outside during the film rehearsal.

South Africa lacks and has no official, regulated national safety protocol for local film production, unlike the case for overseas productions.

Most film productions and production companies however have insurance that requires safety protocols and adherence to this.

TV biz aghast over SABC's dumping of local drama series High Rollers, sharply criticises SABC for 'bizarre' cancellation decision.

South Africas TV industry is reacting with shock over the SABC's abrupt decision to suddenly cancel local drama series High Rollers before its contract ends with insiders now saying the SABC is readying a pay-off pay-out for the production – ironically wasting millions of rand not to air a local show.

Shock and outrage is growing within South Africa's TV industry over the way the SABC plans to suddenly axe High Rollers on SABC3 within a month. 

Ironically the SABC renewed the casino-set local drama in May for a third season and increased the episode order of 156 episodes from three to five episodes per week.

According to production sources not directly connected to the show but dealing with the SABC, the South African public broadcaster is now allegedly planning to pay out Rous House Productions fully for the remainder of their contract, "so four months' salary for cast and crew".

If true, it means that the SABC will essentially be spending a vast amount of money for nothing in return just to not broadcast a local show it commissioned and had renewed twice.

Rouse House Productions didn't respond to a media enquiry asking about the cancellation and the newly surfaced pay-out rumours swirling, and the SABC told TVwithThinus earlier that "the SABC is not in a position to discuss its contractual obligations with production houses and content providers with third parties including the media".

Following viewers' outrage and an online petition against the SABC's shock High Rollers’ cancellation where signatures and support keeps growing, as well as scorn from South African actors hammering the public broadcaster over its decision, representative TV industry bodies are also slamming the SABC over the "bizarre" cancellation decision.

"This unilateral decision made by the broadcaster has to be challenged, there is simply too much at stake not only for the countless crew members and the company in question, but also the wider industry, this establishes a very dangerous precedent," the South African Screen Federation (Sasfed) told TVwithThinus in a statement.

"Any going business concern has to have a degree of predictability to be able to plan and survive, with our major broadcaster not willing to honour legally binding contracts, such contracts become meaningless adversely affecting our emerging industry".

SABC’s bizarre decision criticised

The South African Guild of Actors (SAGA) told TVwithThinus High Rollers’ cancellation "will have a profoundly negative impact on the production company and the 103 members of cast and crew".

"Many actors on the show, including SAGA members, have given up other possible earning opportunities in order to commit their time to High Rollers. Having the rug pulled out from under their feet like this means they will face the prospect of a very bleak Christmas."

"SAGA is deeply concerned that if the SABC is willing to cancel production contracts before their scheduled prescription, then nothing prevents the broadcaster cancelling other existing production contracts at an even greater expense to the taxpayer."

"The impact of this cancellation will therefore be felt throughout the industry and will add to speculation that responsible and competent leadership at the state broadcaster has been compromised at its highest levels."

SAGA says "the decision to cancel High Rollers which has earned a loyal following on SABC3, seems quite bizarre.  In announcing their intention to cancel the show, the SABC has demonstrated a reversal of its own much-publicised commitment to developing local content."

'Money thrown out the window'

A longtime producer working on shows for the SABC and other broadcasters, told TVwithThinus that "while in America contracts specifically feature the right to cancellation at specific stages if the ARs (audience ratings) of a show are not adequate, I have never seen such a clause in a SABC contract".

"As such, unless the producers are specifically in breach of elements of their contract, the SABC has no right to terminate the production. And even if there is a ratings clause which permits cancellation, one wonders why the same is not happening to Hlaudi Motsoeneng's crap commissions."

"If High Rollers is cancelled now, the SABC will have to pay for all work done and contracted until the final day of the notice period, which will be more money thrown out of the window as the SABC will never be able to use or air any of that work," said the veteran producer.

While the ratings for High Rollers has fallen since May when Hlaudi Motsoeneng abruptly ordered a quota of 80% local content for the channel – a plan that flopped – the viewership decrease for the show is in line with the entire SABC3 viewership that keeps spiralling down month after month since the introduction of the new crop of local shows that all failed to attract viewers.