The Congress of South African Trade Unions (COSATU) notes the Constitutional Court’s ruling affirming the constitutionality of the Copyright Amendment and Performers’ Protection Bills.  President Cyril Ramaphosa had correctly referred the Bills to the Constitutional Court for affirmation. The ruling provides welcome certainty on the Bills’ constitutionality, some of the most contested in South Africa’s 32 years of democracy.

Whilst the Federation appreciated the President’s need to seek constitutional surety, we remain aggrieved that these Bills have been in the pipeline for more than a decade and subjected to numerous delays.  We hope that this judgement affirming the Bills’ constitutionality, in particular the principles of fair use for materials, will provide a clear path for the Bills coming into law.

We are concerned that the Court struck down clauses providing specific exemptions for materials for educational purposes as these would help ensure that learners and students are able to access educational materials which are all too often inaccessible or unaffordable.  We, however, believe that the clauses on fair use may achieve the same purpose and enable learners and students fair access to educational materials.

The Court had correctly earlier ruled in favour of similar access for persons with disabilities, our most vulnerable and marginalised section of society. 

The Performers Protection Bill will elevate and affirm the rights of actors and performers who have been subjected to horrific abuse, exploitation and insecurity.  This is a powerful boost for the tireless efforts of COSATU and the trade unions organising actors, performers and musicians; the South African Guild of Actors (SAGA) and the Trade Union of Musicians of South Africa (TUMSA) to affirm and protect these vulnerable workers’ inalienable rights.

The Bills have been extensively debated, amended and enriched over the past 10 years by the 5th and 6th Parliaments, incorporating numerous amendments to address the concerns of stakeholders and ensure they fulfil the Constitution’s progressive objectives and in line with international best practice.

COSATU will be seeking urgent engagements with and clarification from the Department of Trade, Industry and Competition on the way forward, including with regards to any further legislative amendments that may be necessary, as well as Presidential assent, promulgation and regulations. 

We appreciate that copyright legislation is incredibly complex and highly contested and that there are various international treaty obligations that must simultaneously be observed.  It is important that these be balanced with the developmental, health and education needs of ordinary South Africans, in particular learners, students and persons with disabilities. 

Issued by COSATU

Matthew Parks (COSATU Parliamentary Coordinator)

Mobile: 082 785 0687

Email: matthew@cosatu.org.za