By Adrian Galley on behalf of the South African Guild of Actors (SAGA)

Bobby Amm’s recent analysis on behalf of the Commercial Producers Association (CPA) paints a concerning picture of a shrinking commercial production season in Cape Town. While acknowledging factors such as global instability and logistical challenges, the article notably omits a crucial element increasingly influencing the decisions of international brands: ethical production practices and the growing importance of human rights due diligence.

The assertion that the recent downturn is primarily attributable to external factors and isolated incidents overlooks a significant shift in the global corporate landscape. The EU’s Corporate Sustainability Due Diligence Directive, effective since July 2024, now mandates that large companies with substantial EU turnover identify, prevent, and mitigate potential human rights abuses throughout their value chains.[1] This directive directly impacts the advertising industry, compelling multinational brands – many of whom are Fortune 500 companies – to scrutinise the labour practices of their production partners worldwide.

The CPA’s long-standing promotion of Cape Town as a destination where neither crew nor on-screen talent are unionised, once touted as a cost-saving “benefit”, is increasingly becoming a liability. In an era of heightened ethical awareness and legal obligations, the absence of established labour protections raises red flags for companies diligently working to comply with the EU directive. The vulnerability of non-unionised workers to exploitation and unfair labour practices presents a tangible risk that global brands are now actively seeking to avoid.

The recent granting of an exemption to the South African Guild of Actors (SAGA) by the Competition Commission, allowing them to pursue collective bargaining, underscores the urgent need for a more equitable and regulated industry.[2] The CPA’s decision to challenge this development at the Competition Tribunal signals a resistance to the very reforms that could enhance Cape Town’s appeal to ethically conscious international clients.

Furthermore, the global trend towards ethical production practices is not merely a matter of compliance; it can be a competitive advantage. The Motion Picture Association’s publication on Global Film and Television Production Incentives highlights case studies, such as Spain, where a commitment to fair labour practices and robust industry standards has contributed to their attractiveness as filming locations.[3] These destinations understand that a stable, respected workforce fosters a more reliable and ultimately more appealing production environment for international clients.

The “unfriendly legislation” that the CPA decries is, in reality, a necessary step towards aligning South Africa’s production industry with international norms and the evolving expectations of global brands. Instead of resisting these changes, the CPA would be better served by engaging constructively with SAGA and other stakeholders to establish fair labour practices and transparent industry standards.

Attributing the decline solely to shorter seasons, rising costs, and logistical issues ignores the fundamental shift in corporate responsibility. Unless the South African commercial production industry embraces fair labour practices and demonstrates a commitment to ethical production, it risks being increasingly overlooked by international clients who are no longer willing to compromise on their human rights obligations.

The urgent strategy required is not merely about marketing cheaper services; it’s about building a sustainable industry founded on ethical principles that resonate with the values and legal requirements of the global marketplace.

[1] https://www.ft.com/content/fcc1157e-678d-4de4-b100-b194837c5c42

[2] https://saguildofactors.co.za/2025/03/12/a-new-dawn-for-south-african-actors-victory-at-the-competition-commission/

[3] https://www.motionpictures.org/wp-content/uploads/2024/11/GLOBAL_OlsbergSPI-Incentives-White-Paper_November-2024.pdf