A stitch in time: Small Street, in down town Johannesburg, has many fast-fashion outlets. Photos: Moeletsi Mabe
“What fascinates me is not that we dress the celebrities but that we dress the ordinary people across cultures in South Africa.
“Some of my clients are Basotho, amaZulu, vhaVenda … We’re trying to position ourselves as an African brand, not only for amaXhosa.”
Those are the words of 36-year-old South African fashion designer and award-winning artist Laduma Ngxokolo, creator of the MaXhosa by Laduma clothing brand.
His world-renowned designs are reflective of traditional Xhosa aesthetics, interpreted into contemporary knitwear and clothing.
In April 2018, Ngxokolo had his African print designs copied by Spanish retailer Zara on some of the brand’s socks.
The patterns closely resembled those on Ngxokolo’s Khanyisa Cardigan, which was launched at Mercedes-Benz Fashion Week in Joburg in March 2014. Zara had been distributing the stocks in stores throughout the UK, in New York and even in Sandton.
“Earlier this month [April 2018], we were alerted by our patrons, that Zara … company has copied one of our signature patterns. These patterns were appropriated and reproduced as part of their sock range which they shared as new in their best-sellers on their online store,” read a statement released at the time by MaXhosa by Laduma’s communications team.
The designer sought legal action against the retailer, which later removed the socks from its stores.
Zara made its South African debut in 2011, entering malls and adding to its existing outlets, including Mr Price and The Fix. What these stores have in common is that they specialise in “fast fashion”.
Sumaiya De’Mar, who is an advocate and the founder of SA Fashion Law, which offers a legal service to the industry, defines this as: “A business model that focuses on producing inexpensive clothing and accessories quickly, often by copying designs from popular fashion brands.”
Although this type of business isn’t necessarily terrible, it can be detrimental to designers when their creations are stolen or copied without their consent. Over the years, this has been an issue throughout the fashion industry, both locally and internationally.
De’Mar says if a designer believes their designs have been stolen or duplicated without their consent, they can take steps to safeguard their intellectual property rights.
“Intellectual property rights are important in the fashion industry to protect the creative works of designers in South Africa.
“Designers have a number of legal tools available to protect their designs. These include copyright, trademark patents and design rights.
“Copyright is a legal protection for original creative work, such as clothing designs, and gives the owner the exclusive right to their work. Then trademarks can be used to protect brand names and logos,” she says.
De’Mar emphasises that it’s important for designers to gather any evidence of the infringement, such photos of the copied designs, and any communication with the infringing party, as “intellectual property infringement can be difficult to prove without strong evidence and can result in significant financial losses for the designer”.
“Some options for legal recourse may include sending a cease-and-desist letter to the infringing party, or filing a lawsuit for copyright infringement or trademark infringement, or filing a complaint with the CIPC, which is the Companies and Intellectual Property Commission.
“Licensing agreements, nondisclosure agreements and ownership agreements can all be used to establish ownership, protect trade secrets and prevent infringement.
“In addition to legal action, designers can also take steps to protect the intellectual property proactively. So, this may include making use of contracts like NDAs, or registering trademarks, and closely monitoring the marketplace for any signs of infringement, and they need to also keep a good record of their work,” De’Mar stresses.
Other than Zara, popular — and more affordable — fast-fashion stores in South Africa include Yellow Sub Trading, the Marabastad district in Midrand and those in the buzzing Smal Street in Johannesburg. They are known for offering trendy items at low prices, often based on those by local designers and expensive international brands.
Last year, Fashion Nova was accused of stealing designs from black small-scale designers. One of them was Anifa Mvuemba, founder and creative director of Hanifa, a black woman-owned brand.
Mvuemba took to Twitter on 29 August 2023 to speak out against the brand, sharing images of the copied designs, saying, “Only because this sample took me months to perfect. This is actually crazy. I’m not going to tag or mention them. But this is crazy,” she wrote.
The saying “quality over quantity” illustrates the concept that having fewer items of value often is better than owning plenty of worthless things. And, for the most part, that’s the school of thought we’ve all, in one way or another, been conditioned to follow.
If that weren’t the case, luxury brands wouldn’t be admired nor would they be successful. People wouldn’t be comfortable paying a hefty amount to own their products if they weren’t considered valuable. And one of the ways these brands build their reputation is through producing quality goods.
Most of us will not go back to a clothing store where we purchased an item and wore it once before it tore. This isn’t limited to the clothing industry — we’re unlikely to revisit a restaurant where we’ve received poor service. That’s because quality matters, whether it’s in service industries or retail.
Fast food, fast fashion
However, in the food, as well as clothing, industries, that’s not necessarily the case with the rising popularity of fast food and fashion outlets in the past decade.
Although traditional restaurants and the art of fine dining remain appreciated, convenience foods are in growing demand. The food is cheap and prepared quickly, which is great if you’re on the go and desperate to fill your tummy.
But it doesn’t measure up to the quality, fresh ingredients, intriguing flavours and all-round dining experience that comes with carefully crafted dishes prepared in a restaurant. It’s less about how quickly your plate reaches you than the flavours of the food, the story behind it and how you engage with the space. That’s essentially why restaurant owners will invest in the interior design of their establishments.
Think about it — we celebrate special occasions at restaurants, conduct business meetings and meet up with friends because the space is conversation-friendly.
The same can be said about fashion. Some of the most prestigious names include Dior, Hermès and Chanel. Each of these brands has mastered the art of craftsmanship, signature designs and beautiful detail.
When you look at a Lady Dior bag, for instance, it’s timeless, elegant and made with lambskin, so the quality is top tier. It was named after Diana, Princess of Wales, who was given one in 1995 by France’s then first lady Bernadette Chirac.
Decades later, it’s still one of the brand’s most popular and expensive bags, priced anywhere between R16 000 and R64 000.
And what about the rare Hermès Birkin bag, made from a vegetable-tanned natural cowhide, which goes for more than R200 000, making it an investment.
The Chanel two-piece checked skirt and jacket, which became popular during the 1990s, is a look that’s still coveted.
On the South African fashion scene, the quality and detail provided by a distinctive garment designed by the likes of Ngoxolo, Gert-Johan Coetzee or Palesa Mokubung make them worthwhile.
However, one of the challenges with the clothing industry is the ever-changing trends and styles that go in and out every season, making it difficult for fashion lovers to keep up while also affording expensive designer items. And that’s where fast fashion has gained most of its momentum.
About two seasons ago, when remote working became popular, the new hype was around lounge-wear. Companies and celebrities chimed in on the trend, such as Kim Kardashian, whose brand Skims featured a range of cosy lounge-wear. It then moved into nude, bronze and white athleisure wear being popularised.
In recent years, fast-fashion stores have been on the rise as they produce trendy items, with a quick turnaround time and at affordable prices.
With technological advances, it’s no longer difficult to get access to some of the world’s biggest designers and international clothing brands and stores. It’s all been made possible at the click of a button.
Brands and stores rely heavily on social media to create a buzz and a demand for their clothing through the influencers, media personalities and celebrities who advertise them.
Like fast food, fast fashion has the potential to hurt the clothing industry where quality is compromised by quantity.
Free to influence
“I’m not interested in celebrities with their free dresses. Look at the clothes, the cut, the silhouette, the colour. It’s the clothes. Not the celebrity and not the spectacle.”
So said by the late American fashion photographer Bill Cunningham after winning France’s L’Ordre National des Arts et des Lettres in 2008.
Although Cunningham’s remark might seem critical of people in the spotlight, he did highlight one important factor — clothes aren’t just garments, they can be a form of art. However, that is often not the case. Not only do the clothes go unnoticed at times, the designers behind them do too — at the hands of some of the world’s most trendy clothing stores.
Based on statistics provided by Fashion United, the apparel industry has a labour force of more than three million people and is valued at roughly $3 trillion. This shouldn’t be surprising since the retail industry is estimated to make up 2% of the world’s gross domestic product.
And it doesn’t come as a shock that China and the US are among the five countries with the largest retail markets in the world. It makes sense then that some of the most popular clothing stores globally call these countries home.
SA Fashion Law’s De’Mar says: “From an ethical point of view, fast fashion has a number of negative impacts. One major concern is the environmental impact of fast fashion. The production of cheap clothing requires large amounts of resources and the rapid turnover of styles means that clothing is often discarded after a single season.
“This results in a significant environmental footprint, including pollution from textile production and the release of greenhouse gases from transportation and disposal of clothing,” the intellectual property lawyer says.
According to Bloomberg, the fashion industry accounts for roughly 10% of the global carbon dioxide footprint.
Apart from environmental problems the fast fashion industry grapples with ethical issues, such as poor working conditions for workers, and promoting a culture of consumerism that can be harmful to individuals and society.
Stores such as PrettyLittleThing have come under fire for manufacturing garments in production houses with poor working conditions and cheap labour.
German broadcaster Deutsche Welle released a documentary a year ago exposing the terrible working conditions that those working for the UK store are subjected to.
When asked about the allegations, the brand responded, “All textile workers at PrettyLittleThing are treated fairly and receive at least the minimum wage.”
De’Mar says: “Fast fashion companies may use subcontractors who employ even lower-paid workers and may not be held accountable for the labour practices.
“Additionally, the fast pace of production and the pressure to keep costs low can lead to poor working conditions such as long hours and lack of safety measures.
“The fast-paced fashion industry perpetuates a culture of consumerism, encouraging people to buy new clothes constantly rather than valuing and taking care of the clothing they already own.
“This mindset can contribute to feelings of materialism and dissatisfaction and can also lead to overconsumption and waste.”
An investigation into Shein by the Department of Trade, Industry and Competition ensued earlier this year in March after allegations made by local textile union and industry federation of exploiting tax imports in order to sell clothing at low prices. However, that was not the only concern that was raised. The Chinese retailer has been accused by United Kingdom broadcaster channel 4, of poor working conditions at some of its factories and compromised environmental practices because of the high quantity of items the company manufactures.
Although there are growing concerns about the industry, a major aspect of fast fashion, especially locally, is that it is so affordable. Many South Africans don’t earn enough to buy quality or designer clothing. However, there certainly is a need for more sustainable, ethically and legally manufactured, affordable, clothing.
