By Lehlohonolo Lehana.
President Cyril Ramaphosa has referred the Copyright Amendment Bill and Performers’ Protection Amendment Bill to the Constitutional Court.
Copyright legal experts and artists have consistently opposed the copyright bill, which they say intrudes on property rights and the right to trade.
When he refused to sign the bills in June 2020 because of his constitutional concerns, Ramaphosa sent them back to parliament for it to consider their constitutionality. Over four years later the concerns persist.
The bills were submitted by the department of trade & industry to parliament in 2017, which means it has taken about seven years to draft legislation which the president still finds potentially deficient. Parliament’s trade & industry committee was dissatisfied with the department’s copyright bill and engaged in a lengthy process to formulate its own bill, which was referred back to parliament by the president.
The Copyright Amendment Bill aims to update the Copyright Act 98 of 1978 to make it more effective for educators, researchers, and people with disabilities while also providing certain protections for artists.
In a statement from the President’s office on Tuesday, Ramaphosa expressed reservations about specific provisions within the legislation.
“These provisions address the process by which the President assents to Bills, including the ability to refer draft legislation back to Parliament after it has been passed if there are concerns regarding its constitutionality,” he stated.
Although the Bills were approved by Parliament and reconsidered at Ramaphosa’s request, the President ultimately referred them to the Constitutional Court for a ruling, as allowed by the Constitution.
Meanwhile South African Guild of Actors chairman Jack Devnarain says they welcome Ramaphosa’s decision to refer the Copyright Amendment Bill and Performers’ Protection Amendment Bill to the Constitutional Court.
The draft laws were approved by both houses of parliament on 29 February this year. Devnarain says current laws are outdated.
The Constitutional Court will now decide on the constitutionality of these draft laws.