Copyright & Performers Protection Amendment Bill: Final Mandates & Committee Reports

Meeting report

The Chairperson requested delegates to indicate the final mandates for their respective legislatures.

Copyright Amendment Bill [B 13D-2017]: Final Mandates

Eastern Cape

The Eastern Cape Provincial Legislature voted in favour of the bill.

Free State

The Free State Provincial Legislature voted in favour of the bill.

Gauteng

The Gauteng Provincial Legislature voted in favour of the bill.

KwaZulu-Natal

The KZN Provincial Legislature abstained.

Limpopo

The Limpopo Provincial Legislature voted in favour of the bill.

Mpumalanga

The Mpumalanga Provincial Legislature voted in favour of the bill.

Northern Cape

The Northern Cape Provincial Legislature voted in favour of the bill.

North West

The North West provincial legislature voted in favour of the bill.

Mr J Londt (DA, Western Cape) asked the Chairperson what the deadline was for the submission of final mandates by provinces.

The Chairperson said that there was no strict deadline for provinces, but the Committee had indeed received all the final provincial mandates by Friday. He pointed out there is precedent in other committees such as the finance committee where provinces would submit their final mandates five minutes before the meeting was about to begin.

Mr Londt reiterated his view that the whole process was flawed all along. He noted the date discrepancy in the email sent by the Eastern Cape Provincial Legislature. On the document, it was stipulated the date 5 September as the day when the deliberation was held. He questioned how it could be possible that the email had been sent to the Committee on 4 September whilst the deliberation only took place on 5 September.

The Chairperson confirmed that the Eastern Cape had sent its mandate a long time ago and dismissed Mr Londt’s input.

Western Cape

The Western Cape Provincial Parliament voted against the bill.

The Chairperson summarised that seven provinces voted in favour of the Bill, one province abstained and one province voted against the final mandates.

Mr Londt raised a point of concern and disputed the validity of the Eastern Cape Provincial Legislature’s final mandate unless a correct report with the correct deliberation date was provided to this Committee. Furthermore, he accused the Chairperson of ignoring his pleas and inputs and threatened to challenge that in court.

Committee Report on the Copyright Amendment Bill

The Committee’s Content Advisor read the Committee report on the Copyright Amendment Bill.

Mr Londt requested that it be put on record in the report that the final mandate submitted by the Eastern Cape Provincial Legislature was a flawed mandate based on its paperwork. It must be put on record that he was of the opinion that that mandate was invalid.

A Member from the Eastern Cape Provincial Legislature confirmed that the provincial legislature had held a house sitting on Wednesday 30 August when this mandate was given. The omission in the document is that the referral deliberation is being made today in the House. He was thus resolute that the final mandates of the Eastern Cape must be recorded.

Adv Shamara Ally, NCOP Table Procedural Officer, explained that the Mandating Procedures of Provinces Act does make provision for changes that may affect the final mandate. She suggested that her office could just verify the mandates and the date with the Eastern Cape Provincial Legislature before sending the mandate to the House.

Mr M Mmoiemang (ANC, Northern Cape) was satisfied with the explanation.

Committee Members voted on the Committee report.

Five provinces voted in favour, one province voted against and one province abstained.

The report was adopted by the Committee. The Chairperson said that the report would be ATC’d accordingly.

Read: ATC230908: Report of the Select Committee on Trade and Industry, Economic Development, Small Business Development, Tourism, Employment and Labour on the Copyright Amendment Bill [B13F- 2017] (National Assembly – Section 76), dated 5 September 2023

Mr T Brauteseth (DA, KZN) sought clarity on whether Select Committee Members were allowed to vote differently from that of their provinces on committee reports. His understanding was that there was a distinction between voting on mandates and on committee reports.

Adv Ally clarified that according to s65 of the Constitution, NCOP Members are obliged to vote according to their provinces. That was for both reports and bills.

The Chairperson requested delegates to indicate the final mandates for their respective legislatures.

Performers’ Protection Amendment Bill [B 24D-2016]: Final Mandates

Eastern Cape

The Eastern Cape Provincial Legislature voted in favour of the bill.

Free State

The Free State Provincial Legislature voted in favour of the bill.

Gauteng

The Gauteng Provincial Legislature voted in favour of the bill.

KwaZulu-Natal

The KZN Provincial Legislature abstained.

Limpopo

The Limpopo Provincial Legislature voted in favour of the bill.

Mpumalanga

The Mpumalanga Provincial Legislature voted in favour of the bill.

Northern Cape

The Northern Cape Provincial Legislature voted in favour of the bill.

Western Cape

The Western Cape Provincial Parliament voted against the bill.

North West

There was an error in the title of the bill. Instead of [B24F-2016], the province’s mandate stated [B24F-2017]. The Chairperson thus sought legal clarity from Adv Ally.

Adv Ally responded that the Committee should allow North West to amend the error before sending the bill to the House and plenary.

Seven provinces voted in favour, one voted against the bill and one province abstained. The final mandates were adopted.

Committee Report on the Performers’ Protection Amendment Bill

The Committee’s Content Advisor read the Committee report.

Five provinces including the Eastern Cape, Gauteng, Mpumalanga, Free State, Limpopo, North West, and Northern Cape voted in favour, the Western Cape voted against the report and KZN abstained.

The Committee report was duly adopted and would be ATC’d.

Read: ATC230908: Report of the Select Committee on Trade and Industry, Economic Development, Small Business Development, Tourism, Employment and Labour on the Performers’ Protection Amendment Bill [B24F- 2016] (National Assembly – Section 76), dated 5 September 2023

The Chairperson adjourned the meeting.