Calls for improved regulations in the film and television (TV) sector have once again emerged amid allegations of abuse, exploitation, and a lack of formal union.

It comes after filmmakers and TV producers have shared their frustrations regarding the wider systemic issues they face, particularly freelancers and production crew, who lack formal union protection, representation, or recourse against exploitation.

Independent TV producer, Alethea Volanie, is set to have her case against an Observatory-based production company heard at the ​Commission for Conciliation, Mediation and Arbitration (CCMA) over two days next week.

In one of the incidents of alleged exploitation, Volanie said that during her employment at the company in October 2023, she was expected to manage several episodes of a TV show alone.

“When scheduled participants failed to arrive for filming, a not-uncommon production risk, I covered some costs out of pocket to keep the shoot on track. Upon submitting a reimbursement request of R1,000, I was met with hostility, blamed for broader operational failures, and dismissed without formal explanation on July 8, 2024,” she said.

She added that her experience with the production company was not unique and that she has worked in many environments where professionals, particularly people of colour, are verbally abused, excluded, or dismissed without due process.

She gave another example of a separate production company allegedly using production fees to pay off their houses as “every house is converted into a production office, and that pays the properties off”.

Volanie explained that several actors and professionals she has worked with have witnessed similar incidents of mismanagement and misappropriation of funds.

Volanie said professionals in the industry all talk among themselves, but many are scared to speak out because of how quickly people get blacklisted and denied working opportunities, leaving them with little avenue for recourse.

She said she has even written to the Sports, Arts and Culture Minister, Gayton McKenzie, with her complaints and other challenges faced in the industry, but keeps hearing nothing back.

“The minister just doesn’t give a damn about this part of the industry… Because when you see where he pours his energy in, he’s (focused on) getting foreigners out of the country. We are suffering here.

“He’s not worried about us… This is what these people do: they give you false hope. I’ve had it with ministers. What gets to me is the promises that he makes. He wants to talk out there (in public) about what he wants to do for the industry, and the moment you see an actor who is struggling, then you want to go public,” she said.

Volanie added that they need a solution and that they are tired of McKenzie ‘making himself look good’.

“I’m tired of struggling, and I’m tired of seeing people in similar situations such as myself.”

Jack Devnarain, national chair of the South African Guild of Actors (SAGA), which represents actors in the film, television, stage, commercial, and corporate sectors in South Africa, echoed Volanie’s sentiments.

Devnarain said the root cause of the issues in the creative sector is that they are not regulated under any labour laws.

He said it is why they have not been able to establish benchmark rates for cast and crew, why they do not have dispute resolution mechanisms available to them, and that there is no equitable balance of intellectual property rights.

“It is a take-it-or-leave-it scenario for any contract negotiation, and I suppose it is a joke to call it a contract negotiation because there is nothing to negotiate. No creative or technical crew has any input whatsoever on the terms of the contract that they find themselves being offered.

“We are completely vulnerable to the existential threat posed to us by artificial intelligence (AI) because it has inserted itself, sometimes to the benefit of industry, and sometimes as a threat. It is now a very useful tool for editors and animators, but a very dangerous threat to writers and actors.

“And because we don’t have a regulated industry, no protection under any labour laws, it means we are completely vulnerable.”

He added that, as freelancers, they have no form of collective bargaining.

“We do not have the right to unionise, which prevents us from acting as a collective, and with that in place, it means we are always vulnerable to being undercut by other freelancers who are prepared to do the job for less.”

He said that the tactic is what is undermining industry standards, and essentially driving professional labour costs lower and lower, “and putting our industry on a race to the bottom”.

“The lack of labour protection and structured regulation means we have created a creative sector that is unsustainable, on an inevitable path to catastrophe, and we are absolutely on the backend of any progressive discussion.

“Even in Africa, you have places like Cameroon, Morocco, Egypt, Nigeria, and Kenya. These are all regulated industries protected by labour protections, and that have collective bargaining rights.”

Devnarain said regulation of their sector, under labour laws, cannot be conferred upon us by the Sports, Arts and Culture Department.

The Department of Employment and Labour and the Department of Sports, Arts and Culture, including Minister Gayton McKenzie’s office, have been contacted for comment but have not replied after more than a week’s notice.

Vlokkie Gordon, CEO of Advantage Entertainment and part of the Independent Producers Organisation (IPO), has spent four decades in the entertainment industry.

She observed that, all too often, a handful of “bad apples” tarnish the reputation of many dedicated professionals.

Gordon explained that the IPO exists to represent, protect, and promote the interests of independent South African film, television, and digital media producers, as well as those working within and supplying the industry’s value chain.

“As producers, we self-regulate through fair practice, discipline, and clear guidelines,” said Gordon. “We’ve always been custodians of the sector. The challenge is that there are newer or independent producers outside the IPO who don’t have — or don’t follow — these guidelines.”

She highlighted that filmmaking is a demanding industry that often requires working hours beyond the typical 48-hour business week.

On past projects, Gordon said she clashed with other producers because she insisted on adhering strictly to guidelines governing working hours and crew welfare.

“I make sure my crew is properly looked after,” she explained. “That includes keeping to our designated shoot hours, having a health and safety officer on set, a medic available, and ensuring people are fed every six hours.”

“There are guidelines,” Gordon stressed. “I would welcome a union because a union brings regulation and clarity. Right now, South African crew rates can be inconsistent.

“Whether you’re working on a R1 million film or a $100 million production, the crew rates often don’t adjust to the scale of the budget. A union would help create fixed crew and cast rates to budget scale and create an industry with fairness and consistency.”

Gordon refuted the perception that no industry guidelines exist, emphasising that standards have been in place since the late 1970s and 1980s.

“We were trained under American and British systems and operate similarly because our industry is so interconnected with international partners,” she said. “The idea that there’s no regulation often comes from producers who are trying to cut corners.”

Over her career, Gordon has occasionally faced cases brought to the Commission for Conciliation, Mediation and Arbitration (CCMA), usually stemming from grievances or misunderstandings rather than systemic issues.

“It’s rarely your experienced crew. It’s often junior crew who might not fully understand the guidelines, or they’ve worked without proper agreements in place. Unfortunately, there’s only so much we can do if producers don’t make the effort to formalise working terms.”

She acknowledged that misuse or abuse does happen and that the current environment in the South African industry is particularly challenging.

“A lot of people take chances, like in any industry. But the actions of a few can disrupt business relationships and damage the reputation of many who operate professionally.

“Some try to apply for funding, grants, or rebates without following the proper guidelines, which ultimately hurts the broader industry.”

Her advice to crew members is simple but firm: “Be informed. Never work without an agreement. That agreement exists to protect you — and the people hiring you.”

theolin.tembo@inl.co.za

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