In June 2020, South Africa’s President wrote to the National Assembly expressing reservations about various sections of the Copyright Amendment Bill (CAB) and Performers’ Protection Amendment Bill, before signing the bills into law.

In July 2021, the Portfolio Committee on Trade and Industry at the National Assembly invited stakeholders to submit comments in response to the Presidents’ reservations about the Bills, including, in the CAB, the fair use provision (section 12A); specific exceptions for educational institutions (section 12D); libraries, archives, museums, and galleries (section 19C); and people with disabilities (section 19D), as well as alignment of the Bill with South Africa’s obligations in international treaties.

EIFL submitted comments expressing its position that the exceptions in the CAB are consistent with South Africa’s treaty obligations, describing how the exceptions are modelled on provisions in the copyright laws of developed countries with strong creative sectors, and illustrating with examples.

The letter hoped that the public consultation by the National Assembly on the provisions will address the concerns expressed in the President’s letter, and that the Bill can be signed into law as soon as possible.