Copyright Amendment Bill was approved over 5 months ago

One of the most progressive and pro-transformation bills on the President’s desk is the Copyright Amendment Bill. This was passed by both Houses of Assembly on 29 February 2024.  It resolutely speaks to the President’s Address on 18 July 2024, and the GNU Statement of Intent, and urgently awaits his assent. 

Through a lengthy process in Parliament since 2017, and supported by various expert opinions and research, this Bill has been confirmed to be in line with the Bill of Rights and international intellectual property agreements.   The Bill remedies the omissions, discrimination and restrictions in the current copyright law, relating to access to information, education, libraries, archives, museums and galleries, and people with disabilities. It also provides an empowering framework for authors and creators to better control their works and to earn fair royalties from their works.

Most scrutinised copyright bill in the world

As EIFL (Electronic Information for Libraries), in its letter to the President in March 2024, wrote that having gone through such a long legislative process for the past 7 years, the Copyright Amendment Bill is “one of the most scrutinized copyright bills in the world.”

President must comply with Section 79 of the Constitution

The President is obligated to act on the Bill in terms of Section 79 of the Constitution, within a reasonable period, as follows: – 

S. 79(1).  The President must either assent to and sign a Bill passed in terms of this Chapter or, if the President has reservations about the constitutionality of the Bill, refer it back to the National Assembly for reconsideration.

(2) The joint rules and orders must provide for the procedure for the reconsideration of a Bill by the National Assembly and the participation of the National Council of Provinces in the process.

(3) The National Council of Provinces must participate in the reconsideration of a Bill that the President has referred back to the National Assembly if—

       (a) the President’s reservations about the constitutionality of the Bill relate to a procedural matter that involves the Council; or

       (b) section 74(1), (2) or (3)(b) or 76 was applicable in the passing of the Bill.

(4)  If, after reconsideration, a Bill fully accommodates the President’s reservations, the President must assent to and sign the Bill; if not, the President must either—

       (a) assent to and sign the Bill; or

       (b) refer it to the Constitutional Court for a decision on its constitutionality.

(5) If the Constitutional Court decides that the Bill is constitutional, the President must assent to and sign it.

Sections 79 (1) to (3) have officially and rigorously been executed, so the President will now need to act in terms of S. 79(4) of the Constitution. 

South Africa commits to moving forward with copyright reform

South Africa has reiterated its commitment to moving forward with its copyright reform, so the President needs to sign the Bill without further delay. Draft Regulations can then be published for public comment, and finally the Copyright Amendment Act can be implemented for the benefit of all South Africans.

6 August 2024