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Ramaphosa approaches ConCourt to rule on constitutionality of Copyright and Performers' Bills

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Ramaphosa approaches ConCourt to rule on constitutionality of Copyright and Performers' Bills

President Cyril Ramaphosa
President Cyril Ramaphosa

15th October 2024

By: Sashnee Moodley
Senior Deputy Editor Polity and Multimedia

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The Copyright Amendment Bill and Performers’ Protection Amendment Bill have been referred to the Constitutional Court, by President Cyril Ramaphosa, to assess their constitutionality.

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.

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The Performers’ Protection Amendment Bill seeks to safeguard the moral and economic rights of performers, as well as the rights of producers of sound recordings.

In a statement from the President's office on Tuesday, Ramaphosa expressed reservations about specific provisions within the legislation.

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“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.

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