President Cyril Ramaphosa has been criticised for not signing the bills yet. Picture: GCIS
The Economic Freedom Fighters (EFF) has added its voice to the controversy around President Cyril Ramaphosa referring the Copyright Amendment Bill (Cab) and Performers’ Protection Amendment Bill (PPAB) to the Constitutional Court to rule on their constitutionality.
The Presidency revealed Ramaphosa had done this on Tuesday, years after civil groups had sought to amend the Copyright Act to promote better access to reading materials for those who are blind or visually impaired.
Also, the PPAB is linked to the Cab in that the former awards actors the statutory right to actor royalties, and the Cab gives the statutory right to form an organisation that can collect and disburse those royalties.
The PPAB would therefore improve the livelihoods of actors, and delays in signing this into law were also criticised.
Two years ago, on 21 September 2022, the apex court declared the Copyright Act unconstitutional to the extent that it limited access to reading materials for persons who are blind and visually impaired.
The act mandated the blind and visually impaired to first acquire permission from the copyright holder before converting books and other published works into readable formats like braille or large print.
After that, Parliament took steps to fix the defects in the act through draft legislation called the Copyright Amendment Bill.
In February, both houses of Parliament approved the bill and sent it to the president for his signature, but it has not been signed to date.
This is much to the disappointment of organisations that represent the blind and visually impaired.
Section 27, representing Blind SA, has gone as far as launching an urgent application, also with the Constitutional Court (ConCourt), against Ramaphosa for failing to sign the bill.
This is while the South African Guild of Actors (Saga) welcomed Ramaphosa’s referral of the bills finally.
“It’s a very positive,” chairperson of Saga, Jack Devnarain told The Citizen, though he was scathing of the president’s inaction.
“It’s taken Blind SA and their desire to force the president to actually do his job by going to the Constitutional Court and going to demand that he needs to act on what his duties are as president,” he said.
In a statement on Friday, the Economic Freedom Fighters (EFF) condemned the president’s decision to send the bills to the ConCourt instead of just signing them already.
The party said Ramaphosa was “delaying justice for artists and creatives”.
“These bills, aimed at protecting performers’ economic rights and ensuring fair compensation for their work, have faced years of delay,” the EFF statement read.
“By sending them to the court, Ramaphosa undermines Parliament and prolongs the exploitation of artists by capitalist interests.”
The party said it was committed to fighting for the rights of creatives and would ensure the bills were passed to prevent their exploitation.
Additional reporting by Chulumanco Mahamba and Bonginkosi Tiwane.
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