Legal
Court papers, legal opinions and formal submissions filed by ReCreate South Africa in the campaign for copyright reform. Full documents are published here in an accessible, readable format and as downloadable PDFs.
Procedural Reservations on the Bills — Presentation to Parliament
The parliamentary legal adviser’s presentation on the President’s procedural reservations about the Copyright and Performers’ Protection Amendment Bills — the argument that the Bills should have been tagged as section 76 Bills…
Legal Opinion 2: The President’s Referral of the Copyright Amendment Bill
In June 2020 the President referred the Copyright Amendment Bill and the Performers’ Protection Amendment Bill back to the National Assembly under section 79(1) of the Constitution, citing reservations about their constitutionality.…
Presentation of the Senior Counsel Opinion to Parliament, August 2020
The slide presentation explaining the section 79(1) referral process and the President’s reservations to the Portfolio Committee — how a remitted Bill is handled, what the Committee may and may not consider,…
Legal Opinion 1a: Summary of the Senior Counsel Opinion
A short plain-language summary of the October 2019 Senior Counsel opinion, prepared for readers who want the conclusions without the full argument. It sets out why counsel found no constitutional impediment to…
Legal Opinion 1: The Copyright Amendment Bill and the Constitution
Senior Counsel were asked by ReCreate whether the objections raised by third parties against the Copyright Amendment Bill [B13B–2017] amount to any impediment to the President signing it into law. They concluded…
Genesis Analytics: Assessment of the Regulatory Proposals on the IP Policy Framework
The economic impact assessment prepared by Genesis Analytics for the Department of Trade and Industry on the regulatory proposals in South Africa’s intellectual property policy framework. It is the study most often…