Ramaphosa refers two Bills impacting the creative industry to ConCourt


Image source: Robert Churchill – 123RF.com

This to receive a ruling on the Constitutionality of the two Bills.

“President Ramaphosa has undertaken this referral in the form of a letter to the Registrar of the Constitutional Court and in terms of Sections 79(4)(b) and 84(2)(c) of the Constitution.

“These provisions deal with the process by which the President assents to Bills including referring draft legislation back to Parliament after it has been passed, if the President has reservations about the constitutionality of Bills,” the Presidency said.

Source: © 123rf  The recent announcement that the National Council of Provinces (NCOP) plenary has officially passed the flawed Copyright Amendment Bill has disheartened the creative industry
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The President had previously asked Parliament to reconsider the two Bills.

“The Constitution also provides that if the President still has concerns after Parliament has reconsidered a Bill, the President can refer it to the Constitutional court for a decision on the constitutionality of the draft law.

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“President Ramaphosa has indicated to the Constitutional Court his reservations about provisions in the legislation originally drafted and reconsidered by Parliament and has, as a result, requested the apex court for a decision,” the Presidency said.

The Copyright and Performers’ Protection Amendment Bills provide for a number of significant measures relating to intellectual property rights and cover key products that are used in society and the economy, such as, books, music, movies, photographs, sculptures and architectural designs, and their digital equivalents.