Minister Nathi Mthethwa wishes to advise members of the press that he has noted the advocacy demonstrated by practitioners in the Cultural and Creative Industries sector in the form of open letters penned to him in recent months.
By definition, an open letter is: “A published letter of protest or appeal usually addressed to an individual but intended for the general public”. The aim of the open letter is often meant to issue a rallying cry around a cause or objective.
Minister Mthethwa wishes to thank those who have written to him. Two open letters recently addressed to Minister Mthethwa go straight to the heart of the matters troubling players in the Arts and Culture space. These matters have already been patiently responded to in great detail in the past by the Ministry and the Department.
This Ministry wishes to place on record once more that it has been engaged for years in the process of correcting these through the passing of the two critical pieces of legislation, namely, “The Copyright Amendment Bill” and the “The Performers’ Protection Amendment Bill” which have been passed. Both pieces of legislation are before the President for assent.
Minister Mthethwa thus wishes to advise that he cannot be drawn to address each and every open letter addressed to him. In any case, the principle of the “open letter” is centred on raising awareness and where possible, for the individual or office to whom it is addressed or pertains to, to do best to remedy the situation as far as his or her authority and function allow. Minister Mthethwa has fulfilled this obligation. In this regard, any further response would be tantamount to playing to the gallery.
Regarding specific matters of allegations of unfairness in remuneration between employer and employee, the authority that has jurisdiction in this regard is the Department of Employment and Labour. Minister Mthethwa wishes to urge artists to study and evoke the “Basic Condition of Employment Act” et al in the interim, as the worker is constitutionally afforded protection and relief therein as a worker. Minister Mthethwa has previously given Ms Vatiswa Ndara this exact advice in her grievance against the employer i.e. the production company in question. He is reiterating it for the benefit of all this Ministry’s stakeholders.
Minister Mthethwa regards Ms Sibongile Mngoma’s specific allegations of “demands for kickbacks, stealing of her ideas and/or proposals” and “suppression to speak up are viewed” in a serious light. Let this be directly addressed and reported to the Ministry in order that they be dealt with accordingly. With specific reference to funding or lack thereof unfairly, Minister Mthethwa implores Ms Mngoma and any aggrieved party to furnish his office with details in order to afford these instances the necessary attention. Minister Mthethwa will thereafter take up the matter with the official(s) concerned.
Minister Mthethwa is aware that not all artists have received financial assistance from the department and/or its implementing agencies. However, the opposite is true for many other artists who have benefitted. For example, artists such as Ms Vatiswa Ndara, along with a number of cast members of “IGazi” received financial assistance when trying to bid for international recognition for the nomination of their craft. There are notable names across the Cultural and Creative Industries sectors that can be cited as having received tangible support from the Department, and this is not limited to financial support. It is unfortunate that the voices of the artists that have benefitted from the department now known as “Sports, Arts and Culture” cannot be present when criticism of “lack of support” is levelled against the Department and Minister Mthethwa as its head. This would assist in establishing a more balanced narrative in the public discourse and on the social media platforms where open letters are being published and discussed. Be that as it may, the voice of the critic is one that is valued by this Ministry because it promotes further development, advancement, and improvement.
In conclusion, Minister Mthethwa wishes to reassure once more members of the Cultural and Creative Industries not just of his sympathy and understanding, but his steadfast commitment to bringing about change in amongst others, the often deplorable instances of exploitation and lack of transformation they face. This has been demonstrated in his unwavering support for the need to change the principal legislation of 1978.
That the lawmakers of this land passed and subsequently concurred in December 2019 is a particularly proud and significant moment to this Ministry.
…ends//
Enquiries:
Ms Asanda Magaqa
Spokesperson: Minister of Sports, Arts and Culture
Mobile: 072 372 6807
Email: asandam@dac.gov.za
Ms Zimasa Velaphi
Chief Director: Department of Arts and Culture
Mobile: 072 172 8925
Email: zimasav@dac.gov.za