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.

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.

Creative Workers Union S.A.

THIS POST HAS BEEN REMOVED AT THE REQUEST OF THE PERSON WHO SENT ME THE OVERVIEW OF THE CAPE TOWN MEETING. IT APPEARS THAT I WAS IN ERROR TO  MAKE IT PUBLIC AND FOR THAT I APOLOGISE.

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

Chris Luke responds to Barnyard Article.

Response to Debbie Davidson: Letter posted in the North Glen News (week of the 19^th 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)

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.

J

Another comment on the Argus article

By: Ashleigh Harvey.

Really good to see Mr CLaw being held accountable for his actions. I thought that the article was very fair and allowed him to respond to all the allegations.

I notice that he didn’t deny the fact that he owes people money. Which is interesting, considering that he told one particular agent that he “owes no one money.” What’s also interesting is that he owes a friend of mine R7000-00 for work she did for him in January. He also owes the other two performers, who worked with my friend on the same project, R7000-00 each.

Another interesting thing is that I, personally, have been singled out by Mr CLaw in his retaliation against this site. I’ve been told that I will never work for him and that I should be very careful about what I say on this site because he has lots of friends in high up places and I could be jeopardising my career. Has anyone else been singled out? And if not, I wonder at the power I hold on this forum.

Comment on Argus article

By: Gillian Lindner

Well I think Melanie Peters did a fine job by continuing to expose this man for what he is.

Just going from what I read in the article, I am interested to learn that he had R3-million to squander on the NewSpace Theatre, and that he even had a savings account at all to clean out. As I understood it, the reason why he didn’t honour all the high court judgements is because he didn’t have a cent to his name. He clearly could have paid us all long ago, but chose not to thereby showing quite clearly that he has no respect for we who enabled him to operate, for the industry and no sense of honour to the high court.

In all the years I have known him, Law has always had ideas beyond his means. He liked to talk big, and even tried to carry out his grand plans. He has a clever method of silencing his critics by saying they can’t see the bigger picture etc (his interview that sparked off this article response is full of these clichés), and thinks he is some sort of an entrepreneurial visionary, but his plans go awry on a regular basis continuously damaging the name of the SA theatre industry. Perhaps in his dreams he thinks he can do it, but in practise it leaves casualties along the way and he is seldom one of them.

By the way, I did receive a lawyer’s letter from his lawyer. I am still amazed that such a letter could be so full of spelling and grammatical errors, but even more amazed that Law thinks he has an honourable name in the industry. Ask anyone about his reputation, and the answer will be the same. His reputation is in disrepute due to his own actions. Because of some of these actions, I have a high court judgement that says he owes me money and until he pays it, I feel I have the right to air my views.

Just remember that next time he tries to make it big, and he will because that is the nature of the beast, it will be at someone’s expense. Also remember that if he has money to spend, some of it should go in instalments to those who have high court judgements against him that are still valid. It is the honourable thing to do.

Do SA artists take themselves seriously?

By kind permission of Thami aka Mbongo (Posted on http://www.artslink.co.za)
When there was a march against the SABC (4 June 2009) in Cape Town… a call was made to the artists of Cape Town, but very few responded to the call. Last weekend (21 November 2009), there was another call by the South African Guild of Actors for a meeting in Cape Town… the attendance was not that great to represent what Cape Town artists can offer. I wonder why?

South Africa is a freedom-fighting country – one can’t really believe that there are no unions for artists in this country. Artists have played a huge role in liberating our country.

Yet artists are still not respected and are not being taken seriously in this country.  One also needs to ask the question – are South African artists taking themselves seriously?

People believe that artists die poor… we have in South Africa so many great artists who have passed away bankrupt. As much as some of these artists needed to take full responsibility for their well-being and finances, there is so much that our government can do for the artists in this country.

If the government can change the police law in this country why can’t they just look at the needs of artists and the fact that artists need to be regarded as professionals, not just independent contractors. Our government knows well that artists are also taxpayers. Like the rest of professional workers, artists need access to medical benefits, retirement plans and other workers benefits.

Artists in this country have been badly exploited since the apartheid regime and still are up until this day. Artists need to be represented, so that they can get fair treatment, health benefits, pensions and decent working conditions. That’s why South Africa needs a union for artists that will protect artists against exploitation and mistreatment. The unions help protect unrecognised workers by providing them with the same benefits most employers would provide.

It is encouraging to know that the South African Guild of Actors saw that it is high time that South Africa had its own union for actors.

Actors who work in television, films, radio, theatre and elsewhere must also take a stand; not by feeling sorry for themselves and being victims who just complain and don’t do anything about the situation.

Have your say… take part in initiatives like South African Guild of Actors and make a difference.
Thami aka Mbongo
Performing Artist

Comments

Ismail Mahomed.

The reason the majority of actors unions have failed in South Africa is because of the issue of subscription — you can’t run a union on peanuts. Fulltime staff, office expenditure, etc, etc, etc … doesn’t fall like manna from heaven. Somebody is going to have to pay for it! And most actors only pay subscriptions when they are in deep shit and very few pay up front. If SAGA is planning to run an organisation with such a huge responsibility on that kind of minimalist subscription and love and fresh air, I’m wondering about how seriously you can take that Union? Or if I should just write the obituary now and pull it out of my drawer at a later date.

Let us mobilise for an Artists Equity now! I hope those artists that are getting government tenders for their arts projects, roles in city/town theatres,SABC soapies and dramas, and those priviledged enough to “have” emails , or respond to blogs, those “famous” celebrities, listen to this call.

Let’s hear your voice! Are you supportive of the Artists Equity? Speak up, make your voice heard!!!
Posted by Thando

The only way we can achieve this change in policy is through SOLIDARITY! Please keep spreading the word about SAGA and get people to join!!! There IS strength in numers. Our industry’s biggest downfall is the APATHY of its artists.
(Thanks for a great post.)
Posted by Jackie

I agree with Thami and Thando. In order to gain respect as artists and to avoid thorny problems such as the exploitation of artists; casting of international stars in our movies; pathetic performers payments; shabby treatment on the sets and sound representation from the casting agents and many others, we need to establish a tight ARTISTS organisation to represent us.
I searched on the net for relevant Artists organisations and I have found the British Artists Equity to be a better model that we can build our own from… their reference link is http://www.equity.org.uk/AboutUs/WhatIsEquity.aspx

And here is part of what I was impressed with, which I think can inspire ANYONE to join and Artists Equity in South Africa!

“Equity is the only Trade Union to represent artists from across the entire spectrum of arts and entertainment.
Equity quickly spread to encompass the whole range of professional entertainment so our membership includes actors, singers, dancers, choreographers, stage managers, theatre directors and designers, variety and circus artists, television and radio presenters, walk-on and supporting artists, stunt performers and directors and theatre fight directors.

Although we are a Trade Union, Equity is not politically affiliated and so does not make payments to any political party. This puts Equity in the strong position of being able to lobby with impunity governments of all political colours. We are however affiliated to the Trades Unions Congress and Equity delegates attend the annual TUC conference as a means of bringing performers’ issues to a wider audience.

The main function of Equity is to negotiate minimum terms and conditions of employment throughout the entire world of entertainment and to endeavour to ensure these take account of social and economic changes. We look to the future as well, negotiating agreements to embrace the new and emerging technologies which affect performers so satellite, digital television, new media and so on are all covered, as are the more traditional areas. We also work at national level by lobbying government and other bodies on issues of paramount importance to the membership. In addition we operate at an international level through the Federation of International Artists which Equity helped to establish, the International Committee for Artistic Freedom and through agreements with sister unions overseas.

In addition to these core activities, Equity strives to provide a wide range of services for members and so they are eligible for a whole host of benefits of membership which are continually being revised and developed.”
I am prepared to be part of any initiative along these lines.

Posted by Sabata Sesiu

I agree with you Thami. Fully. However, we should first affirm our own identity as “artists” before forming the union. we should unpack questions such as “what is an artist and what does it mean in South Africa? We need to find an “artistic meeting point” that relates to ideological, political and the business of being artists… I think it us far fetched to assume that the “artists” in the country think and even speak in one voice. In fact, they shouldn’t… but there needs to be a common ground where the needs are similar and the artistic identity is the same, as in the USA and the UK, where where “artists” are respected at all levels. We need an “artistic” Equity. Unions in our country are party political and I for one is an artist and not a politician and therefore favour an Equity. A follow up to your letter is crucial and we should now open an debate about it which will lead to a fully fledged artists Equity, which is by now, long overdue,
Posted by thando

Hi Thami,
I absolutely agree with you that artists need to take stand and be part of the solution to their problems, it cannot be correct that artists are bystanders in the resolution of their problems. However it is worth noting that one of the contributing factors is the survivalist nature (hand to mouth) of the industry. So artists must unite and push for development of their industry, few must sacrifice for the many passive hungry lot. It is amazing to note the development and progress made by the taxi industry over the years, albeit all the existing challenges, they are a key stakeholder in their industry, nothing about them without them. Please note though that there is a union, CWUSA (Creative Workers Union of SA), unfortunately is very weak. It needs to look at broader policy issues, issues of common interest to the broader industry, not gigs because that is the source of conflict and lack of growth. I am hopeful though that we will overcome, one day is one day. We do have a government that listens, so we should know exactly what we are asking, in terms of support from the government, not only complain and sound as if we are pushing for “poor artists” grants. Self-empowerment and developing/growing the industry is the key to moving forward. I am saying all the above fully aware that the industry’s challenges are complex and will need very thorough and well thought out intervention strategy.
Thanks
Posted by Willie Reetsang

What is Equity

Equity is the only Trade Union to represent artists from across the entire spectrum of arts and entertainment. Formed in 1930 by a group of West End of London performers, Equity quickly spread to encompass the whole range of professional entertainment so our membership includes actors, singers, dancers, choreographers, stage managers, theatre directors and designers, variety and circus artists, television and radio presenters, walk-on and supporting artists, stunt performers and directors and theatre fight directors.

SA Guild of Actors

Had a look at the description given to the FB Group called SAGA and thought so much of this applies to the whole entertainment industry that I would repost it on this site. If you agree with what is said then please link through and join. >LINK<

*******

In 1933 actors in Hollywood worked on films with unrestricted working hours, no enforced turn-around and no required meal breaks. If they rebelled against the studios, they were in for a hard time, so it was better to quit while you were ahead.

In 1953 the Screen Actors Guild was able to win the rights for actors, through its first commercial contracts in 1953, residual payments for television reruns in 1952 and, in 1960, after a strike, residuals for films shown on television.

It’s almost 50 years later and notwithstanding that South Africa has some of the most progressive labour laws in the world, we are dealing with the same problems faced by actors more than 50 years ago. Nothing has changed.
It’s time that we as actors come together around the common cause of improving our working conditions and making the practice of our craft an economically viable and sustainable career. The only way to do it, is to establish a Trade Union for artists.

In the US they call it a guild, but the principle is the same. It is an organisation aimed at:
1) Negotiation and enforcement of collective bargaining agreements that establish equitable levels of compensation, benefits and working conditions for performers; and
2) Collection of compensation for exploitation of their recorded performances i.e collection of repeat fees.

These are just two of the most pressing issues facing our industry today and we have no doubt that as a member of the industry, you have lists and lists of other injustices which must be rectified and we want to know what they are.

This group has been created to afford you a platform to articulate your grievances and more importantly to propose solutions to our collective problems. It is, however necessary for us to meet to discuss and to fully understand what a trade union is, what the benefits of being a member of such a union will be (what can the union do for you) and how do we get started.

We need as many artists to join the cause if we’re going to make this work, so please invite anyone you may know in the industry. You’ll receive an invitation within the next month to attend our first workshop session.