Global Journal of Human Social Science, C: Sociology and Culture, Volume 23 Issue 2

© 2023 Global Journals Volume XXIII Issue II Version I 27 ( ) Global Journal of Human Social Science - Year 2023 C “If you haven’t been Exploited, you are not in the Live Music Industry”: Decent Work and Informality in the Live Music Ecosystem in South Africa only one artist (out of 100s) distinguishes each item in their quotation whereas others are offended if asked”. For most musicians balancing work, family and personal life is a personal choice or a necessity if this is the only form of livelihood possible or desirable. A good work-life balance in the live music is less about regulating working time, reducing working hours or creating predictable schedules, or even providing flexible working arrangements since these are built into the very nature of live music, with festivals and concerts severely c ompromising family life whether for women or men. This is an added imperative to consider social protection arrangements so that paid leave, whether maternity/paternity/family leave, is available. Transformation of the gendered nature of the live music ecosystem is slow but changes are evident with women occupying positions of venue owner, instrument player, DJ and in technical production. However, for the latter, women in technical production still face the challenge of not being taken seriously “because of societal norms and social constructs in South African society” (Joffe and Wangusa 2022). Power and hierarchy in our patriarchal society also impact women in this ecosystem severely, with respondents noting that the experiences of women by men translate into new forms of exploitation by some women. Many of the respondents reported that their employment/ work opportunities are dependent on a conducive policy environment supporting the live music ecosystem from direct value chain support (venues, festivals, expertise, small business) to related support of safety, transport, education, hospitality and tourism, especially in the night-time economy. Much of the direct value chain support has been deeply affected by COVID, while related support mechanisms remain poorly integrated and, at times, absent (such as a night- time policy). There is cause for optimism in the work of the SALRC which has provided a definition of a self- employed worker that consists of own-account workers as well as wage workers to support their integration into the definition of “employee” in key labour relations legislation (Unemployment Insurance Act, 2001; the Unemployment Insurance Contributions Act, 2002; and the Basic Conditions of Employment Act, 1997). Importantly they made provision for maternity and parental benefits fo r workers in the informal sector in this legislation. The inclusion of CCW in the informal economy provides the first opportunity to ext end social protection measures to the CCE. It also paves the way to develop norms and standards relating to working conditions, occupational health and safety, etc. Importantly, two key intermediaries, the South African Guild of Actors (SAGA) and the Trade Union of Musicians of South Africa (TUMSA) have done substantial work to lobby for amendments to labour laws. SAGA lobbied government to alter the definition of an employee to include cultural workers which will provide access to regulatory provisions in the same way as the new category of ‘dependent contractor’ in labour statistics 10 (SAGA 2020; SALRC 2021). SAGA has also successfully negotiated contracts with major producing bodies in the respective CCE sectors to ensure terms and conditions provide some, if limted, protection to freelancers while TUMSA has lobbied for amended labour laws and suggested changes to the Basic Conditions of Employment Act so that even though many musicians have multiple employers and are often juggling up to 10 contracts per week (whether oral or written), they remain workers. The final pillar, “Social Dialogue” requires two parties, representative worker bodies (such as TUMSA with its 200 plus members and affiliation to COSATU) and representative employers’ bodies. Despite the excellent advocacy and mobilising work by TUMSA in its short existence (established in 2016), its ability to negotiate, consult or exchange information is hampered both by the absence of employer bodies in the live music ecosystem as well as a reluctant partner in government. Finally, to evaluate the scope for the promotion of decent work in the live music ecosystem, we need to acknowledge those factors that hinder its promotion. This relates to a lack of solidarity in the ecosystem - ‘we are on our own’ - with difficulties in accessing both financial and non-financial support. The lack of solidarity results in a lack of information or transparency throughout the live music value chain resulting in an absence of known fees or norms and standards in the industry. Young musicians, women and the disabled are most likely to “earn lower fees, have poorer contracts and face greater levels of precarity” (Joffe and Wangusa 2022). This is not to say there is no solidarity as evidenced during Covid 19 when live music venues and musicians who were grant recipients supported others who they knew to be in a dire situation, with recordings and live streaming 11 . The reach of education and training about how to succeed as a live musician is inadequate for certain groups of people (children or young adults) and there are few “mechanisms (incentives, subsidies, training programmes) to enable ongoing consistent mentoring 10 The term “Dependent Contractor” is an international term adopted at the 20th International Conference of Labour Statisticians (ICLS) in October 2018. A Resolution was passed at this conference to include a new meta-category of Dependent Contractors in the revised International Classification of Status in Employment (designated ICSE 18). For a summary see WIEGO blog https://www.wiego.org/blog/ understanding-statistical-term-%E2%80%9Cdependent-contractor%E 2%80%9D-qa-firoza-mehrotra 11 Webinar on 11th November 2021 hosted by IKS Consulting and South African Cultural Observatory on Impact Analysis: Live Music and its Venues and the South African Economy during COVID-19 presented by Andre Le Roux, Gwen Ansell and Attiyah Kahn. www.iksconsulting.co.za.