Long walk to copyright reform #10: South Africa's Copyright Amendment Bill has been referred to the Constitutional Court

Today (15 October 2024), South Africa's President Cyril Ramaphosa referred the Copyright Amendment Bill (CAB) and Performers’ Protection Amendment Bill (PPAB) to the Constitutional Court for a ruling on their constitutionality.

IPKat readers may recall this Kat's post at the time South Africa's Parliament passed the two bills again in March and transmitted them to the President for his assent (or referral to the Constitutional Court). The President's referral to the Constitutional Court could be taken as evidence that he is not convinced that the constitutional issues (incorrect tagging, possible retrospective and arbitrary deprivations of property, non-compliance with the 3-step test, ultra vires delegation of legislative authority to the Minister) he raised in the previous versions of the Bills were (adequately) addressed. By virtue of section 79 of the South African Constitution, a referral to the Constitutional Court is the appropriate step when the President decides that a Bill referred to Parliament has not fully accommodated his reservations. 

And now we will wait to see the referral documents to understand the reasons for the President's dissatisfaction with how his reservations were addressed and subsequently, for the ruling of the Constitutional Court on the constitutionality of the CAB and PPAB.

The long walk continues…

Long Walk to Copyright Reform #1

Long Walk to Copyright Reform #2

Long Walk to Copyright Reform #3

Long Walk to Copyright Reform #4

Long Walk to Copyright Reform #5A

Long Walk to Copyright Reform #5B

Long Walk to Copyright Reform #6

Long Walk to Copyright Reform #7

Long Walk to Copyright Reform #8

Long Walk to Copyright Reform #9