ConCourt to hear Ramaphosa's referral of two bills in March

JOHANNESBURG - The Constitutional Court is expected to hear President Cyril Ramaphosa’s referral of two pieces of legislation that he believes do not pass constitutional muster next month. 

The Copyright Amendment and the Performance Protection Amendment bills were sent back to parliament after Ramaphosa expressed his dissatisfaction over some provisions contained in the bills. 

In line with the constitution, Ramaphosa last year referred the bills to the Constitutional Court for a decision on their constitutionality. 

The head of state referred the pieces of legislation to the apex court on substantive grounds. 

Ramaphosa referred the Copyright Amendment bill to the court based on several reservations, among them is the retrospective application of some provisions contained in the bill. 

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The retrospective application of the law relates to a statute with a backdated effect and would affect events and/or transactions that were in place prior to its enactment. 

In papers, the president submits that sections of the Copyright Amendment bill, which provide that the author of literary work is entitled not only to works for which the copyright is assigned in the future but also for works assigned any time in the past as long as they are being exploited for profit will have a retrospective effect. 

He adds that this application will disrupt any existing agreement concluded between the author and the owner of the copyright. 

While parliament removed the provision, the president said it is not an adequate remedy to his concerns.