The sad truth behind South Africa’s struggling actors: ‘We are not protected’
Jack Devnarain, an actor and Chairperson of the SA Guild of Actors, explains that local actors are fighting to be recognised as employees who are protected under South Africa’s labour laws.
Actor, Jack Devnarain in 702 studio with Bongani Bingwa
702's Bongani Bingwa speaks to Jack Devnarain, an actor and Chairperson of the SA Guild of Actors.
Listen below:
What is wrong with the television industry when revered stars find themselves financially destitute asking for help from the public?
The question comes after veteran actress Nandi Nyembe asked for public support. The 55-year-old actress, who is wheelchair-bound, recently opened up about her hardships in a heart-wrenching video shared by Masingita Masunga of the Above Normal Foundation.
In the video, Nyembe revealed that despite her decades-long career, she has been facing significant financial difficulties, particularly after her son fell ill and she spent R88,000 on his medical treatment.
“From the money I've worked for, my son got sick. I don't have money. How are you going to get medical aid when you don't have money? I tried to get a company that's a bit cheaper. What are you going to pay it with every month?”
The video sparked an outpouring of support from the public, celebrities and government officials.
Sport, Arts and Culture Minister Gayton McKenzie suggested he would give money from his account in her support.
Devnarain says Nyembe's situation is 'not an anomaly'.
"We need to make it generally known amongst all South African people that the structure of the industry itself is flawed and the inequalities are baked into it... What you're seeing with Mam Nandi is not an anomaly. This is normal. It's our every day."
- Jack Devnarain, Chairperson - SA Guild of Actors
Devnarian says part of the problem is the residual income that should be coming to freelance performers every time that series or movie is licensed to another broadcaster or streaming platform.
"Every time that happens is when the actors should incur residual income - that's actually what our retirement plan is and it's something that South African actors specifically are being denied by industry bodies, broadcasters, producers and even by legislation. So, even if the budget was fantastic... and Mam Nandi got a fantastic payout for work done over two or three months... it's the fact that that money is going to run out and if she doesn't work over the next four, five, six years... the money's gone and there's nothing that's going to be coming in after that."
- Jack Devnarain, Chairperson - SA Guild of Actors
Devnarain says freelance performers are responsible with money because work is not guaranteed.
"There's a myth that freelance performers are really bad with money and irresponsible with money, poorly trained in managing business - that is the furthest thing from the truth. Freelancers are exceptionally good because we know the precarity of our work means that money is irregular, work is irregular, and we cannot bank on the prospect of some job happening tomorrow. So, we're exceptionally responsible with our money..."
- Jack Devnarain, Chairperson - SA Guild of Actors
What's the solution?
Better legislation, collective bargaining rights for performers and recognition of actors' rights as employees who are protected under the country's labour laws, argues Devnarian.
"The reason we had to form a guild is that, as freelancers, we are not protected under the labour relations act which means we can't form a union... the labour relations act is for employees to join a union, to create a union, to participate in union activities, to go ahead and set benchmarked rates and contacts. You can do that in a process called collective bargaining... But as a freelancer - we are excluded under the Labour Relations Act and we are therefore excluded from creating a union."
- Jack Devnarain, Chairperson - SA Guild of Actors
Devnarain notes that in 2017, a Copyright Amendment Bill linked to a Performers' Protection Bill was presented to Parliament.
"It was being kicked around for seven years because every time Parliament and the National Assembly and National Council of Provinces had approved the bills, it arrived on the President's desk and he did everything in his power to delay and refused to sign them. In fact, the process went around Parliament twice up until 29 February 2024, when the bills were approved, arrived at the President's desk and he sat on it again for months until he was left with no other option but to refer it to the Constitutional Court. Coming up on 20 May 2025, we're going to have that hearing and we are so relieved that if the executive cannot make a decision, if our legislation isn't supported, then the justice system must take over and serve us in the context of our Constitution."
- Jack Devnarain, Chairperson - SA Guild of Actors
Devnarain says he would love to ask producer bodies and broadcasters why they object.
He says he will continue to fight for the rights of South African actors.
"I have more time for activism now than I've ever had. I last worked in September last year... I look at Mam Nandi and I think, whatever my situation is, there are others who have it worse... I think, there are people who have made far greater sacrifices on our journey to liberation as a country and when I look at what we intend to do, to bring about a revolution in the creative sector, there are those who may have to make sacrifices as well."
- Jack Devnarain, Chairperson - SA Guild of Actors
Scroll up to the audio player to listen to the conversation.