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On Tuesday, the ANC in the National Council of Provinces (NCOP) undermined democratic processes by forcing through the bills with their majority, notwithstanding numerous substantive concerns that were raised by the DA in the Western Cape, and other provinces.

These concerns include the lack of a proper Socio-Economic Impact Assessment (SEIAS) being conducted before the bills’ tabling and the purported SEIAS for the bills falls far short of the requirements intended for such a report.

The Western Cape Standing Committee initially requested the SEIAS after a hearing in Stellenbosch on 21 February 2023. The committee received a response on 28 February 2023, which included three documents related to intellectual property but did not propose any legislative amendments.

It was later revealed, during deliberations on 5 May 2023, that an improper SEIAS had been conducted by the Department. This report, tabled in Cabinet since 2015, had not been shared with the public despite numerous requests. Upon examination of the SEIAS, it was clear they did not address the concerns regarding the economic impact of fair use. Instead, they primarily focused on government costs, staffing, and systems.

This is despite the Department of Trade, Industry and Competition repeatedly and falsely claiming that they did in fact conduct a proper SEIAS report - drawing the validity of the whole legislative process into question.

Going forward, provincial standing committees across the country will be concluding their final mandates, with the Western Cape’s final mandate meeting set to take place on 1 September - ahead of the NCOP’s consideration of its final mandate on 5 September 2023.

While we support the strengthening of copyright protections and remuneration – we cannot support these bills.

The DA in the Western Cape will use the final mandates as our last opportunity to oppose these bills. These bills risk putting our publishers, artists, filmmakers, authors and many others’ performance and copyrights in jeopardy – which we simply cannot afford.

Issued by Cayla Murray, MPP - DA Western Cape Spokesperson on Finance, Economic Opportunities and Tourism