ATC210519: Report of the Portfolio Committee on Trade and Industry on the President’s reservations on the Performers’ Protection Amendment Bill, dated 14May 2021

Trade, Industry and Competition

Report of the Portfolio Committee on Trade and Industry on the President’s reservations on the Performers’ Protection Amendment Bill, dated 14May 2021

 

The Portfolio Committee on Trade and Industry, having reconsidered the Performers’ Protection Amendment Bill(PPAB) [B24B-2016](introduced in the National Assembly asa sec 75 Bill),as well as the President’s reservations on the constitutionality thereof (Announcements, Tablings and Committee Reports, 24 June 2020, p 3-13), and having conferred with the Select Committee on Trade and Industry, Economic Development, Small Business Development, Tourism, Employment and Labour thereon, reports as follows:

 

1. In a letter dated 16 June 2020, the President of the Republic of South Africa informed the National Assembly that he had reservations about the constitutionality of the Performers’Protection Amendment Bill[B24B-2016](National Assembly –sec 75)and that, consequently, he was referring the Bill back to the National Assembly for reconsideration in terms of section 79(1) of the Constitution of the Republic of South Africa, 1996 (Constitution).

 

1. The President’s reservations related to the following, that:

 

1. The Bill had been incorrectly tagged as a section 75 Bill. He was of the view that itshould be a section 76 Bill because of provisions that substantially affect the area of cultural matters as listed in schedule 4 to the Constitution. This might have been the case as the Bill affects performances and performers of “traditional works” including cultural expressions or knowledge, and the rights in these performances. It further regulates the manner in which related performances are made and shared.

 

1. The Bill might not comply with international treaty obligations specifically in relation to the WIPO Performance and Phonograms Treaty.

 

1. The Committee, having considered the President’s reservations, reports as follows:

 

1. The Committee, after due consideration and having decided to rather err on the side of caution, agrees with the President’s reservation that the Bill should have been tagged as a section 76 Bill andresolved that it would request the House to submit the Bill to the Joint Tagging Mechanism for reconsideration of its classification and to specifically consider whether the Bill should be dealt with in terms of section 76 of the Constitution.

 

1. With respect to the President’s reservations that the Bill may not comply with international treaty obligations specifically in relation to the WIPO Performance and Phonograms Treaty, and the Committee is of the view that the reservation related to international treaties can be dealt with in conjunction with a call for public comment. In considering such inputs, the Committee may then appraise itself of whether the Bill does indeed comply with treaties or not and, if necessary, effect amendments to the Bill.

 

1. After deliberations, the Committee recommends: That the National Assembly should consider–

 

1. rescinding its decision, on 5 December 2018, to pass the Performers’ Protection Amendment Bill [B24B-2016] as a section 75 Bill;
2. referring the Bill [B24B-2016] referred to in 4.1 above to the Joint Tagging Mechanism to consider whether it agrees with the President’s reservation that the Bill should have been tagged as a section 76 Bill;
3. referringthe Bill [B24B-2016] to the Portfolio Committee on Trade and Industry to correct the procedural and substantive concerns in the manner proposed by it, and for report; and
4. agreeing tothe Committee,in addressing the reservations it supports and how it intends correcting it, incorporating in its workthe proceedings and all the previous work of the Committee up to the Second Reading of the Bill.

 

Report to be considered.