Copyright Amendment Bill: briefing by subcommittee

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Trade, Industry and Competition

07 March 2018
Chairperson: Ms L Theko (ANC)
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Meeting Summary

The Subcommittee met briefly to consider and adopt its programme, as well as consider the names for the technical panel for the Copyright Amendment Bill.  The 7 proposed names were considered and rearranged in preferential sequence in case the Subcommittee needs to reduce the number of panellists.

The panel was made up of the following persons: Mr Andre Myburgh – already appointed; Adv Natasha Pather – already appointed; Adv Joel Baloyi – nominated; Ms Michele Woods – nominated; Adv Ntsietso Makhafola-Mokitimi – nominated; Mr Wiseman Ngubo – nominated and Mr Thabang Mathibe – nominated.

The Subcommittee programme was adopted without amendments.

Meeting report

The Chairperson emphasised on the importance of finalising the names of the technical team. She indicated that this process needed to be completed expeditiously as local artists were not happy with the manner in which the industry treats them. The Committee needs to also commence with the process of finalising the bill.

Ms Margot Sheldon, Content Advisor, Portfolio Committee on Trade and Industry, stated that Members should have three sets of terms of reference: the second one was on information on the technical team; the third one was in a letter form to Caroline which outlines the consultants that have been asked to assist the Committee during the process. If a person is on the technical panel and the Committee feels that person would be able to assist in the discussions, the Committee should be able to invite that person to assist.

Adv Charmaine Van Der Merwe, Senior Parliamentary Legal Officer, stated that the technical team would not advise on policy because that was set to be outside its scope. She indicated that with the seven names that have been proposed, if the Committee needs to reduce the names then the sequence of the names should be put in a preferential form (i.e. the most preferred candidate would be listed as number one up to seven) to make the possible reduction process much simpler.

Ms Evelyn Masotja, Deputy Director-General: Consumer and Corporate Regulation Division (CCRD), DTI, asked whether there was anyone from the proposed names with a strong academic background.

The Chairperson confirmed that on the list there was such an individual.

Ms Sheldon stated that based on the programme, the decisions made by the Subcommittee should not be outside the policy areas of the dti. She asked Adv Van Der Merwe to confirm.

Adv Van Der Merwe stated that the Department would propose the policy which is contained in the Bill, and the Committee can change the policy decision but the Committee needs to keep in mind how that would impact the Department.

Mr Lionel October, Director-General, dti, stated that it is completely up to the legislature to accept or reject policy; he suggested whether the department could present its recommendations with the Commission including the issue of the international treaties and possibly fast track the amendments.

There were no changes made to the programme of the Subcommittee, after consideration, Members adopted the Subcommittee’s programme.

The meeting was adjourned.


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