Response to Linda Bukhosini’s Press Release Regarding the Mayville Workshops

By: Steven Stead
Executive Director: KickstArt

Ms Bukhosini alleges that I (as an individual) “continuously refuses” to align myself with “reasonable business opportunities that are available to him and other arts practitioners who do business with The Playhouse Company”
Since this is the first time that I have publicly questioned her decisions or judgement, I cannot understand how my ‘recalcitrance’ is “continuous”. Unless she is referring to the opera programme, Bravissimo where she employed me as director and then insisted that I accept the production team that she had selected for me, against standard international theatre practise, leaving me no choice but to resign from the job. Or when I refused to allow her to censor a few topical political references from our family pantomime Aladdin, which she found offensive. Or most recently when she tried to remount my successful production of My Fair Lady without crediting me or consulting me, again in disregard of standard international theatre practise. In all these cases, I agree that reasonable business practise was flouted. But not by me. Could the fact that I am one of the only people in the city who stands up to her have ANYTHING to do with the bullying we continuously face?
The Playhouse does have a mandate from the Department of Arts and Culture to be supporting grass-roots artistic activity in the province. She doesn’t mention this in her press release.
If The Playhouse is “continuously committed to equitable distribution of available resources to address the varying artistic and cultural needs of our society and to maximize on possible income streams”, then why make an already unproductive workshop more redundant by denying access to the paying public?
I am not an individual in this case. I represent a company. My company employs dozens of actors and artisans every year, and serves a public of over 40 000. Her decision to make our work difficult doesn’t just affect me. It affects everyone who enjoys our work.
There are several businesses including a magician’s workshop, a rope factory and a martial arts studio run from the premises. Again, she fails to address this issue in her press release.
The amounts of money we have directly paid the Playhouse for hire and refurbishment Jan 2009-Jan 2010 are: Cinderella R22 0000, Little Shop of Horrors R19 837.50, Winnie the Pooh R19 340.39, Noises Off R33 845, and Peter Pan R20 105. TOTAL: R115 127.89. A remaining R60 000 was spent on workmen in the workshops for their labour, and for materials.
Where her figure of R36 812 comes from is curious.
She doesn’t address the fact that we have received top advice from a risk management consultant regarding indemnity, which is standard national working practise. Doubtless the various businesses currently renting space at Mayville have such documents in order, as does anyone hiring any of the theatres in the complex.
She also doesn’t address the fact that there is no skilled scenic artist or painter at Mayville, and that any production that has had any success, whether it is KickstArt’s, or The Playhouse’s My Fair Lady (2006) or Sound of Music (2007) has not only required Greg King’s expert design and ability to reuse old, unused stock pieces, but his hands on ability to paint backcloth’s and do all set dressing. Her recent production of My Fair Lady largely had to be built in Johannesburg because the workshops were not capable of producing the cloths required.
We believe that Ms Bukhosini’s actions are motivated by professional jealousy and personal spite, and we have nothing to lose in fighting this battle. We will continue to create art and entertain Durban, with or without her support.

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Being Replaced

Post by : Anne-Marie Clulow

Here is the gist without names. I have been playing a gig replacing someone who was sick. The venue was so happy with me they approached me privately to take over. I refused, saying I would play until the other performer was well enough to play again. Naledi time came around, and I was invited to present. This is a huge, although unpaid event, and the exposure is great. I informed the venue and asked them to contact the agent to find an act for the date I couldn’t be there. With a full weeks notice. They found an act and the act played the gig. the following week I am told by the venue that the agent is pushing for the other act to go in for a contracted month, but they said they’ll choose who they want at their venue. Today, after trying to find out all week what’s happening this weekend, I am informed that the act that replaced me is in this weekend, and I am not needed. On all occasions when I have been personally approached, even without a contract from the agent I have paid commission and said I will still go through the agency. Lovely loyalty huh? She has now booked the other act in.

I am so sick of being screwed over by people. The agent still gets comm, the venue still has an act and I have no work now because everyone else was quite happy to do what suited them.

I guess i should have insisted on a contract, but the last one I got from the agent had a date on where the venue had a benefit concert so I lost out on the money. Wasn’t unhappy to give it to a good cause, but the contract I received was also still not worth the paper it was written on.

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Creative Workers Union S.A.


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Equity SA ??

A Facebook group has been created to try and assess how many people employed in the entertainment industry in South Africa would be interested in joining an Equity UK type union. We believe that we must create an all encompassing union – actors, dancers, musicians, technicians, designers, circus artists, stunt people …….etc – rather than a specific union for each category. The more people we can bring in under one umbrella the more powerful we will become and apart form contracts, working conditions and so on we would, if the numbers are large enough, be able to investigate things like medical plans and pension funds.
This is more a market research exercise than anything else with no operational specifics and details applied. It would be interesting to get suggestions from all as to how you see it could operate. The one thing for sure is that it would take payment of a monthly or annual subscription so we would have to be serious about forming such a union and making sure that the benefits are real. Again the higher the numbers the lower we could keep that subscription.

Some of you will know that there has been some success in recent months in exposing some of the malpractices that are rife in the entertainment industry. We need to stop and prevent these things happening in a more proactive way and having a strong union is the only way to go.

Please click on this link and consider joining.—–>>> Equity SA


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Response to BY Theatre owners letter.

If you want to read what it says then go to the post called “Chris Luke responds to Barnyard article” posted on the 19/02/2010.

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Know Your Rights!!

This was also posted as a comment by Chris Luke.

MPE (My Previous Employer) are reacting to our initiative and making changes: MPE are handing out contracts: They covered themselves nicely for the March run of their South African show in KZN. Everyone in this cast got contracts and only because we encouraged an investigation from their endorsee, which took place in January. MPE got wind of our request on our sites and did something about it in fear of losing that endorsement. None of the performers in that show have had signatures on contracts for the last couple of years and now they have them. I was in that show since 2003 and travelled abroad with it in 2008 and 2009. So, that was an accomplishment.
MPE have taken down all boards and banners at Cresta with my image on it (the outside board was new and it’s been removed hastily) – this is what I wanted, as I am having a media war with MPE in KZN over rights to images and with regard to false advertising. (Please see the links below). Check your new contracts as to your rights regarding this issue; in fact, all of you should be supplied with a model release form to cover yourselves on this issue. KZN are using my image to advertise the show in March. That is called false advertising. MPE CANNOT USE YOUR IMAGE IN PERPETUITY. I personally do not want my image associated with the brand.
Further: The issue of contracts is not solved:
Firstly, please note: This initiative DOES NOT apply to actors who work for MPE with agents (i.e. for the shows R and G etc.). MPE are forced to supply contracts for those shows because actors work with individual agents. And their agents must have contracts. Musicians and singers however, DO NOT work on this system – they fend for themselves when it comes to contractual issues. So when MPE says: ‘we do supply contracts, here they are’ and show investigators piles of contracts from those  shows that is a circumvention of the issue.
Secondly, this is not about pay slips or UIF. All of those MPE can provide and when they get investigated it looks impressive.
Thirdly, this is about contractual rights of performers. This is about (and this is who this initiative is aimed at) all of you at MPE, primarily musicians and singers who have worked for MPE for over two or three consecutive runs i.e. 6 to 8 months and keep getting booked for consecutive runs. They keep you on, and on, and on for years at a time. You think it’s great because (even though you don’t have a contract) you are getting work. 5 years pass and you realize that if MPE had to drop you for the next two runs, you are going to be out of work for 6 months. You are going to lose 6 months salary because trying to get back into the loop (the music industry that that you left 5 years ago) isn’t going to happen in 6 months. So all the assets that you have accrued with your so-called ‘permanent’ salary at MPE can’t be sustained for the next six months.
Permanent employment according to Labour Law is working over 40 hours a month for more than three months. You are working over 70 hours a month and do free rehearsals. In fact, you are permanently at the disposal of MPE. That means you are entitled to permanent employment benefits. i.e paid breaks or holidays (and a whole host of other things)
PLEASE NOTE: If you have worked for MPE for 1 solid year, or 2, 3 , 4 , 5 and in some cases 8 years (and there are many of you) and MPE’s intention is to keep you on for another year in that show, or in another show, and you cannot leave the show and put in a replacement AT ANY TIME OF YOUR CHOOSING – THEN YOU NEED A PERMANENT EMPLOYEE CONTRACT.
Fourthly, if you are doing runs of shows for MPE and they are taking up most of your year, but they are not consecutive runs – YOU ARE ENTITLED TO AN INDEPENDENT CONTRACTOR CONTRACT. This means that you are entitled to work with a dep (replacement) by law and you can sustain your career outside of MPE protecting you from needless loss of income when a show run ends. If MPE took this seriously and changed protocol, you could triple your salary (do all the well paying corporates) and still perform for MPE while you work six to eight months of the year for them.
Fifthly, protocol has to be set by MPE with regard to these issues. If it is not, then double standards occur i.e. some people get to put in replacements but others do not. Some people are fined but others are not. (MPE cannot fine anyone for putting in a replacement).
I URGE ALL SINGERS AND MUSICIANS AT MPE TO LOOK AT YOUR NEW CONTRACTS AND REASSESS THEM IN THE ABOVE TERMS. This system could work perfectly, all of you, including MPE could be happy. It’s time MPE did this by the book. You are entitled to assess your contract and you are entitled to a forum for grievances by law. You are also entitled to paid rehearsals. And you are entitled to be insured when you are on stage or in the building for work. If you are dismissed unfairly, or dropped before a run: If you can prove that you have worked for them for that period of time and they can’t show you a contract with your signature on it then yours is a cut and dried case at the CCMA.
The turn in the tide is now people. Do not let MPE take advantage of you. Change has and will come. The better you are informed and educated the better you can protect yourself.
Chris Luke

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Some Positive Action by B.Y.

The post below was sent in as a comment by Chris Luke but I believe it is important enough to use as a post because it shows that, with passion and belief in what is right, things that have been wrong for years can start to change.
From Chris Luke.
I’d just like to let you all know that BY Productions are obviously taking this more seriously than the BY franchise owners in KZN having recently removed their very new outside board at Cresta. The Board was very big, about 4 by 5 meters and had recently come up – one of the large images was of myself. This board is gone as well as the banner on the inside of the mall which had hung there for years and years – this had several large images of myself on it. I am glad to see that for once BY are actually listening and taking the awareness we have created seriously.  Was that in anticipation of my settlement on (changed to) Friday  – regardless, things are actually getting done. Fantastic.
We are the first (all support be praised) to give BY the shove they needed toward thinking about their protocol.

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Chris Luke responds to Barnyard Article.

Response to Debbie Davidson: Letter posted in the North Glen News (week of the 19th February), Page 8 entitled:  ‘Barnyard Responds to Smear Campaign’

As a highly experienced musician (Bmus), having played 1600 shows for The Barnyard Theatre, I would like to respond to the letter, Barnyard Responds to Smear Campaign. The letter refers to me as reckless – I see my actions as deliberate, educated and informed.

The Barnyard Theatre Productions’ (B.T.P) practices are unethical and in contravention of Labour Law. I worked for B.T.P. permanently for four years, six nights a week, over 70 hours a month. According to the Labour Relations Act, I was a permanent employee. B.T.P. answer in the affirmative to all seven questions posed by the L.R.A to determine permanent employee status. They fail the Dominant Impression Test when it comes to deciding whether musicians and singers are permanent employees.

B.T.P. do not provide their artists with contracts; provide no contract following a verbal booking; do not define employee status; do not pay a rehearsal fee; have no C.O.D insurance; have no safety regulations; they rehearse the cast while the set goes up; provide unhygienic accommodation; have no forum for grievances; and engage in threats and unfair dismissals based on the vulnerability of artists without contracts. I personally know artists who have been dropped a week before a three month run at Gateway Barnyard, due to Debbie Davidson not insisting upon contracts for her artists. B.T.P does not define minimum wage and do not increase salaries according to yearly inflation. None of the franchises, including Gateway, are demanding fair labour practices. They comply with B.T.P’s protocol, instead of putting pressure on them to change it.

This issue relates to the rights of artists in South Africa and the need for a musicians’ union. This is a collective movement: An internet group that supports the view that B.T.P. exploits musicians, has 475 members – many of these members are ex-Barnyard performers.

I have entered into legal action Barnyard Theatre. My CCMA papers were sent Friday, 12 February 2010. B.T.P. replied three days later, wanting to discuss a settlement. One of my conditions will be that my image is no longer associated with them. This Friday I have been granted an audience with ******* ***** *******I will be meeting with them to explain why I think The Barnyard should lose its ******* ***** ******* endorsement.

Chris Luke.

(377 words)


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Barnyard responds in press

TO THE EDITOR of the North Glen News

My response to Debbie Davidson: Letter posted in the North Glen News (week of the 19th February), Page 8 entitled:  ‘Barnyard Responds to Smear Campaign’.

I would like my response to be printed in your newspaper in full – no alterations, no adjustments. It has been edited grammatically by my proofreader. If you cannot print this response in your newspaper (at 377 words), I will get another newspaper to print it.Since I have been attacked in your newspaper, it would only be fair that you print my response.

Please see the links to the sites below, which pertain to the issues of artist exploitation:

An Internet group with 475 members, including highly respected actors, top artists and ex-Barnyard performers. The site is public. Please go to the discussion box and read the posts, particularly the twelve issues of protocol:

Please watch the video of Barnyard performers in Sun City who speak their testimonies. None of these performers had a contract. This was a case for the Health Department. The showgirls were on stage with unwashed hair for a week:

The Claw Project. My reply to Davidson’s letter will be posted on this site within the next two days. I will be expecting your print and my post to look the same

This is not a smear campaign. It is a well-informed fight for artists’ rights. It is the way we are battling this issue without a union. As a newspaper, I hope that you will remain impartial and tell both sides of the story.

Thank You

Chris Luke

** Chris Lukes response will be posted tomorrow morning.**


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Pro (C)law?

Look I don’t want to get involved in this, but I have to say something, yes claw has made his mistakes in the past. This blog has been on the tip of everyone’s tongue for the past few weeks. As much as this man had made mistakes in his past, at least he tried, he gave it all. So basically it has created awareness.

@ Gillian –Have you contacted claw? Why don’t you try and make some kind of arrangement with him? Reading some of your letters shows me that once up on a time you guys must have been business partners, none of our business.  You don’t need to answer me, but TRY it, allot of producers have owed some of us money, and still do. Claw is not the only one.

@Pat – I take my hat off for you, creating awareness is great news! But I am trying to figure something out.  Do you want this man to stop producing? Cause reading everything, and all the comments, your blog is more to humiliate him than what it is to create awareness, and that is somehow a big concern to allot of people like myself, as he is a producer who allot of us have worked with in the past. Mostly allot of us have had good times, and some had bad times… And continue to work with him….

Reading the article in the Argus, I can’t help but wonder, here is a man, that has probably lost everything he has ever had and yet you slag him into the ground. For a second turn the table on yourself, ask yourself the question. What if you tried everything? Did you just give up?

I read what Bridget said, and somehow I would like to agree with her. Here is a man who has given it all, who has lost it all. I think reading of the space in ct closing makes me think that claw has finally given up his coat to producing. Mind you, I would probably do the same.

I respect claw for 30 years of work. I looked at the bigger picture, and I looked at the smaller picture, claw does not deserve this…  I stand for fellow actors and yes create awareness. But create them for everyone, as claw is not the only producer that I know that owes people money. Sadly they are everywhere.



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