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‘Exploitative’ South African film industry practices exposed by Hollywood strike, says actors guild

‘Exploitative’ South African film industry practices exposed by Hollywood strike, says actors guild
Actor and Saga member Hungani Ndlovu. (Photo: Supplied)|Saga National Secretary and Treasurer Carlynn de Waal-Smit. (Photo: Supplied)
An Wentzel
By An Wentzel
4 Aug 2023
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The South African Guild of Actors says issues include South African production houses having contracts which state they will not employ actors who belong to a union. 

On 3 August at 7 pm, the South African Guild of Actors (Saga) hosted an Instagram Live session (IG Live), on the IG page of actor and SAG member, Hungani Ndlovu. Also part of the discussion were Saga chairperson Jack Devnarain and Saga National Secretary and Treasurer Carlynn de Waal-Smit. The special guest and main speaker at the IG Live, was Duncan Crabtree-Ireland, SAG-Aftra National Executive Director and Chief Negotiator.

Crabtree-Ireland joined live from Los Angeles in the US — he had to leave the IG Live early to be at a picket — and started off thanking South Africa for its widely proclaimed support of the SAG-Aftra strike. 

Read more in Daily Maverick: Actors are demanding that Hollywood catch up with technological changes in a sequel to a 1960 strike

Jack Devnarain of Saga South African Guild of Actors chairperson Jack Devnarain. (Photo: Supplied)



“When Saga was being put together we needed to be recognised by the global organisations, and one of our strongest allies and most loyal advisors actually is SAG-Aftra, and Duncan in particular has always been there to guide Saga and to help us navigate the world of the big legal questions around the creative sector,” Saga chairperson Jack Devanarain.

Crabtree-Ireland responded to a question on how collective bargaining was used by SAG-Aftra, saying the union was formed when studios started cutting pay during an economic downturn.

“And the biggest screen actors of the day in the 1930s came together in someone’s living room and… they said we aren’t going to allow these companies to dictate to us, we have to find a way to stand together.”

He said this is what is happening now with the current strike. 

“The thing that I am so proud of is the unity that our members are showing, we have had extraordinary support from members — from background performers to the biggest A-listers.”

Crabtree-Ireland went on to say that it had just been announced that SAG-Aftra members have raised $15-million to help people “who are really hurting because of the strike”.

Saga exco member Hungani Ndlovu — a 29-year-old actor and dancer — was born in Mpumalanga and is passionate about urging actors to understand their contracts, as many need legal advice and can get assistance as Saga members with understanding contracts. 

“I urge actors to join Saga so that you can have legal advice at your fingertips… At the end of the day, we don’t really understand the terminology that is used in the legal framework.

“If we as South African actors are wanting to better our landscape, our playing field, we have to go out there in our numbers.”

Hungani Ndlovu and Carlynn de Waal-Smit, Saga Actor and Saga member Hungani Ndlovu. (Photo: Supplied)|Saga National Secretary and Treasurer Carlynn de Waal-Smit. (Photo: Supplied)


Why should SA actors be interested in the SAG-Aftra strike?


Devnarain also says South African actors who do not understand that the US strike affects them, should look at their contracts. 

“How does an actor [not know] they are being screwed by the same terms and conditions that SAG-Aftra is fighting against... Maybe Saga needs to do more work to help them understand what producers are now putting into our contracts.”  

According to Ndlovu, “A lot of the time as actors here we complain about not getting actor royalties, residuals, we complain about not being paid for our images on billboards from shows and all of these different things — but when it’s time to actually come together and stand together in order to be able to like, fight the good fight — we’re not there and we say things like ‘that’s happening in America, it has nothing to do with me’ — but you don’t even have the right to strike!" 

Of some 260+ people on the IG live, one of the comments was about Saga and the ‘Generations 16’ actors fired by the SABC in 2014 — 16 actors who had been working on the soapie “Generations”. Media reports at the time showed support for the actors by Cosatu and many well-known actors speaking out on their lack of rights. Many reports also said the 16 had embarked on an illegal strike and refused to return for recordings.  

Vital to understand contracts fully


Devnarain says a huge problem for actors — generally — is that many actors are signing contracts without familiarising themselves with the contents. Devnarain says sometimes they appear unaware that they have signed a freelance contract.

With regards to the ‘Generations 16’ actors he says, “Actors who are engaged as freelancers cannot go on strike. Freelancers are not regarded as employees according to the Labour Relations Act, and we cannot engage in industrial action”.

Co-founding member of Saga Carlynn de Waal-Smit told the IG Live that contracts are already stipulating that AI will be used to replicate image/voice talent of actors in the future, effectively cancelling out future royalties for actors: “more and more we also see requests to record voices for future use”.

She explains that Saga is fighting for recognition and fair remuneration for actors. 

“There is nothing in SA law which forces anyone to pay residuals to SA actors. We started a guild so that we could have an organisational structure from which to lobby… Now we also have patron membership — which works on a donation basis,” said de Waal-Smit. 

“The purpose of Saga is to give people a voice so they are not singled out for standing up. A lot of people are seen as difficult, are called divas — for speaking up, saying certain conditions are unacceptable or some people are being treated badly. Because we are not employees, we have no union to go to to represent us.” 

She adds that there are some local production companies who have contracts that say they will not employ actors who belong to a union.

The Saga fee is R193 a month and covers a funeral policy and legal support as well as some other free items. De Waal-Smit says Saga currently has over 400 active members, which was closer to 500 before Covid. 

Ndlovu, speaking directly to Daily Maverick point out that Saga is not a union.

“It’s an organisation, a body that exists to protect and fight for the actors… we look at the US because… Hollywood kind of sets the standard for the rest of the world… that they are having these challenges of exploitation at the level that they have [the US] is far less than the level of exploitation that we have … we already sign off the rights to our image and our likeness.. It’s just starting now where AI is getting involved in contracts, we recently saw one of the contracts including AI.” 

Ndlovu adds: “We’ve got Netflix, Disney+, Amazon Prime in SA… creating content, so why we think the fight in the US doesn’t affect us, is mindboggling”.  DM

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