Question NW3057 to the Minister of Sport, Arts and Culture
19 October 2023 - NW3057
Van Dyk, Ms V to ask the Minister of Sport, Arts and Culture
(1). Whether he will furnish Mrs V van Dyk with a detailed report of how the SA Music Performance Rights Association (SAMPRA) had spent R50 million from their Development Fund in the 2022-23 financial year; if not, why not; if so, what are the relevant details. (2). whether SAMPRA took a group of musicians to Portugal last year to perform at a festival; if not, what is the position in this regard; if so, (3). whether he will furnish Mrs V van Dyk with a detailed report on the (a)(i) date and (ii) venue of the festival in Portugal and (b) total expenses involved in the musicians’ trip to Portugal with regard to (i) flights, (ii) accommodation, (iii) meals, (iv) daily allowances and (v) any other expenses; if not, why not; if so, what are the relevant details; (4). (a) what total amount in pre-2020 royalties have SAMPRA not distributed, (b) what are the reasons for this and (c) by what date will the specified money be distributed? NW4123E
Reply:
(1). My department does not possess any legal authority or mandate to access or review the financial records of SAMPRA. We therefore cannot confirm or assist on this matter.
Kindly be advised that the Performers Protection Act of 1967, as amended, delineates the specific responsibilities and requirements related to the management
and accounting practices of needle-time collective management organisations. In this needle-time, CMOs are required to provide financial accounting and reporting exclusively to the Companies and Intellectual Property Commission (CIPC) as mandated by the mentioned legislation.
(2). SAMPRA's decisions regarding which musicians or performers they engage or funding for specific events, fall within their operational discretion and are not typically subject to specific reporting requirements to DSAC. Their primary obligation in this context is to comply with relevant intellectual property laws and regulations, particularly those governing royalty collection and distribution, which are primarily overseen by the CIPC.
(3). We are unable to provide specific comments or information regarding SAMPRA's internal business affairs.
(4). In the context of the aforementioned, we recommend that you reach out directly to SAMPRA to source the information or you can refer all the matters to the relevant authority, thus the CIPC for further investigation.
THANK YOU