City Arts Boss Calls for Stronger Legal Support to Safeguard Sa’s Creative Industry

The City of Johannesburg’s Director for Arts, Culture and Heritage, Vuyisile Mshudulu, says South Africa leads the African continent in terms of government investment in the cultural and creative industries — but insists that stronger legal protections are still needed to support the sector’s growth.

Speaking on day two of the Creative Cnergy Symposium in Sandton, during a panel discussion on Policy Frameworks & Investment Growth Strategies for the Music Industry, Mshudulu stressed the need to develop robust policy and support ecosystems for creatives.|

“I believe the government has done a lot in terms of creating a legal framework that, to an extent, protects creators. However, that legal framework has clear gaps. That’s why there has been a push to amend the Copyright Act — it contained too many shortcomings,” said Mshudulu.

He continued: “In some ways, this is where democracy has failed us. Many unintended elements have crept into the amendment process, despite the noble intention to stabilise the copyright and intellectual property framework. These elements have now contaminated that space.”

Reflecting on post-apartheid developments, he added: “Since the transition post-1994, I think we’ve flung our gates too wide open. Every self-respecting country has a level of protectionism — you cannot effectively run a state without it.”

When asked whether there are frameworks in place to protect South African culture and music, Nkateko Maluleke from Gallo Records said that while the country’s sound is globally unique, there is still much to be done.

“What stresses me the most, and what I’m trying to change in my own environment, is that we’re leaving the youth behind. We need to let young people engage with each other, because when we talk about building a future business, it’s for them. We’re handing it over to them,” said Maluleke.

He urged industry leaders to make room for younger voices: “Those of us who are older executives in the music industry must make space for the younger generation. When we’re in rooms discussing strategy and the future of the music business, pull up a chair for a young person and encourage them to listen. That way, when we exit, we leave behind a legacy — because there is a future in the music industry. The decisions we make now will shape what that future looks like.”

Thando Makhunga of the Music Publishers’ Association of South Africa said South African music, particularly dance music, is gaining ground on the global stage. “One of our biggest exports is music — especially dance music. It’s now being listened to in places like Amsterdam and New York. Not necessarily with an understanding of the lyrics, but as part of a global dance music playlist.”

She emphasised the value of authenticity: “Creating in a way that’s true to how you express yourself still matters. It impacts how people connect with and consume music.”

Returning to the legal issues, Mshudulu said there are two pressing priorities: fixing the gaps that have weakened the legal framework and improving the way the cultural and creative industries are funded.

“You may debate the modality, but you can’t deny the scale of investment. Even globally, South Africa performs well compared to major economies in terms of government investment in the cultural and creative sectors — not just in funding, but also in financing mechanisms,” he said.

The City of Johannesburg continues to play a leading role in promoting South Africa’s creative economy and remains committed to unlocking economic opportunities through the arts. It will support the upcoming Creative Cnergy 2025 Investment Symposium, which aims to further boost the sector.

The symposium was backed by major sponsors including the Sunday Times, Gallo Music, Adams & Adams, IDC, Netflix, Motion Picture Association, Proudly SA, Brand South Africa, and the City of Johannesburg — a clear sign of the strength of public-private partnerships in realising the full potential of South Africa’s creative economy.

Written by Zingiswa Mndayi

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