President Refers Copyright and Performers' Protection Bills to Constitutional Court

After Parliament's reconsideration of the Bills, the President still harbored concerns and has now requested a decision from the Constitutional Court.

President Cyril Ramaphosa has referred the Copyright Amendment Bill and Performers’ Protection Amendment Bill to the Constitutional Court for a ruling on their constitutionality. This referral follows the President’s ongoing concerns about the Bills, despite having previously requested Parliament to reconsider them.

In a letter to the Constitutional Court Registrar, President Ramaphosa invoked Sections 79(4)(b) and 84(2)(c) of the Constitution, which outline the process for the President’s assent to Bills, including the option to refer legislation back to Parliament if there are constitutional reservations.

After Parliament's reconsideration of the Bills, the President still harbored concerns and has now requested a decision from the Constitutional Court. The Presidency explained that this step is crucial in ensuring the legality of the draft laws.

The Copyright and Performers’ Protection Amendment Bills introduce significant measures impacting intellectual property rights. These include provisions for various forms of creative work, such as books, music, movies, photographs, sculptures, architectural designs, and their digital equivalents. The legislation is aimed at modernizing South Africa's copyright framework to better reflect changes in the digital age.

The Constitutional Court's ruling will be pivotal in determining whether the proposed amendments align with the country's Constitution.