DTIC misrepresented Copyright Amendment Bill process to parliament and public

16 May 2023

The DA in the Western Cape can today reveal that the Department of Trade, Industry and Competition (DTIC) has materially misrepresented facts in the process of introducing the Copyright Amendment Bill.

This follows information received from interested members of the public that draws into question the timelines surrounding this Bill, specifically compliance with the Guidelines of the Socio-Economic Impact Assessment System (SEIAS) relating to the introduction of new legislation.

The DTIC made an extensive presentation on the Bill to the Western Cape Parliament, amongst others referring to its SEIAS report on the Bill. Since this SEAIS report had never been published, the DTIC was asked for a copy so that it could be circulated to interested parties. This the DTIC did, supplying a document that was unsigned and undated, but stating that it had been “signed off” on 25 May 2017.

According to the Guidelines, a SEIAS report must be prepared on the potential impact of any draft legislation. Its purpose is to minimise unintended consequences from policy initiatives, regulations, and legislation. The Guidelines also requires departments to attach their SEIAS report to legislation when it is submitted for approval to the relevant authorities, whether cabinet, the minister, or parliament, and to publish them for the benefit of the public.

The timeline for the processing of the Bill was that:

- the Bill was introduced to cabinet in June 2016

- the Bill was introduced to parliament on 19 May 2017

- a SEIAS report for the Bill was never published.

Given the timelines, the SEIAS process for the Bill could not have been followed by DTIC. This is the only conclusion that can be drawn from the DTIC’s statement, when it sent the unsigned and undated document to the Western Cape, that that was the SEIAS report for the Bill and that it was signed off on 25 May 2017.

These revelations come on the heels of the DTIC’s presentations to parliament and provincial legislatures that an impact assessment under the SEIAS Guidelines was carried out. It raises the question what document was actually presented to the cabinet in 2016, because it was not the SEIAS report. This gross misrepresentation by the DTIC to parliament, supposedly the oversight branch of government, is unacceptable, and yet another example of the ANC treating our legislative process as a joke.

The bill is severely flawed in its content, and much of that can likely be ascribed to the lack of a SEIAS being conducted. These revelations draw the entirety of the process into question and warrant further investigation and full disclosure by the Minister of Trade Industry and Competition and the DTIC.

The DA cannot stand by and allow the ANC to make up the rules as they go along and will be considering legal action to challenge the validity of this process.

Issued by Cayla Murray, DA Western Cape Spokesperson on Finance, Economic Opportunities and Tourism, 16 May 2023