Question NW247 to the Minister of Communications
26 August 2019 - NW247
Van Dyk, Ms V to ask the Minister of Communications
(1)Do the producers have to deliver all signed artist contracts to the SA Broadcasting Corporation (SABC) at least 14 days prior to the first production payment by SABC and not later than 60 days after signing of the production contract; (2) whether the producers have to provide the SABC with a list of the principal performers and their remunerations for the purpose of repeat fees; if so, what clause of the SABC Freelance Contract for Performers reflects this; (3) whether the SABC has the records of fully signed contracts with producers and contracts of all actors in all productions in the SABC archives; if so, why does a certain person (name furnished) insist on fully signed contracts from contractors when the specified person could retrieve the contracts from the records kept by the SABC; (4) why (a) does the fact that the contract lacks the signature of the producer make the contract invalid and (b) can the SABC not sign as producer, as the SABC is the ultimate commissioning producer? NW1206E
Reply:
I have been advised by the Department as follows:
1. Yes.
2. Yes. Producers have to provide a list of the principle performers. There is no clause in the SABC Freelance Contract for Performers that reflects this.
3. No, the SABC has records of contracts captured on its CRM system dating back to 2009 only. If actors for older programmes are claiming fees, the SABC will ask for a copy of the contract and if they don’t have a copy, an affidavit will be required. The SABC Content Drama department will watch the programmes and check the onscreen credits to establish the actors that were principled.
4. (a) A contract is only valid when all parties sign.
(b) No, the SABC cannot sign the contract as it is not the Producer of the
programme. The SABC commissions the content but does not produce it.
MS. STELLA NDABENI-ABRAHAMS, MP
MINISTER