Chairperson and members, for the record, it is important to say that in the select committee we received thorough briefings by the Department of Trade and Industry and the memorandum that these treaties refer to. The staff people from the department who presented this to us are in the House and we want to thank them as well. [Applause.]
Chairperson, One of the most important treaties for actors is the Beijing Treaty, which acknowledges the intellectual properly rights of performers, particularly actors, with regard to their audiovisual performances on films and television.
Hon Makue, please take your seat. Hon Nyambi, on what point are you rising?
Deputy Chairperson, I think what is being done by hon Smit is out of order. At the back of hon Makue, it is written the party that we must vote for and it shows on TV. That is the intention; that is what he is doing. [Interjections.] It is written the party that the public must vote for at the back of hon Makue so it is meant for the people that are watching what is happening here in Parliament, and that is out of order. [Interjections.]
Hon members, may I ... Order! Order! Hon members, we know the Rules are very clear with that. I don't even have to turn the House sitting into a Rules exercise. What we know, which is the convention and Rules of this House, is that we cannot allow even just memorabilia of parties in the House. To campaign or to demonstrate the name of your party is totally out of order. Let us not do that, you still have enough time until the seventh to do that. Not here. Let us just respect the House and maintain the order in the House. Hon Makue, can you continue.
Chairperson, when I am presenting one of the most important treaties for actors in this country, it is unacceptable that we have members of this House acting in the way that the hon Smit from the DA did.
Chairperson, we - the rest in this House - appreciate it because we are able to offer to many people in our country who are writers, students, learners, actors, photographers, people who are producing films and people who are producing television programmes the opportunity to have their rights protected. The Beijing Treaty stands at the pyramid of these things.
By strengthening the audiovisual performers' economic and moral rights, the Beijing Treaty grants performers greater control over the use of their performances. The Beijing Treaty also grants performers more opportunity to earn an income from their work as it provides performers safeguards that protects them against unauthorised use of their performances.
The Beijing Treaty also grants performers four kinds of economic rights: The right of reproduction; the right of distribution; the right of rental; and the right of making available. Such rights are protected internationally by this House acceding to these agreements. [Interjections.]
Chairperson, that member that thinks he knows what's going on is a member of this committee and since he became a member he has attended a committee meeting once. [Interjections.] He must not come and talk here.
In terms of unfixed performances, this treaty grants performers three kinds of economic rights, being the right of broadcasting, the right of communication to the public; and the right of fixation.
Hon Makue, just hold. Hon Michalakis.
Hon Deputy Chairperson, on a point of order. The hon member is casting aspersions on my integrity. I am serving on two clusters, both the security cluster and this one simultaneously - for the same reason that there are not ANC members to serve on that cluster and to govern their own clusters. That is why I can't divide my time between the two clusters. Why aren't your member ... [Interjections.]
Hon members, I cannot be expected, as the presiding officer, to make a ruling on matters that have to do ... [Interjections.] Order! Order! Hon members, we are in a House sitting, when we make political statements that have to do with the proceedings of your committees it is not for me to neither confirm nor deny. It is not for me; it is a political statement that is made in a political House and therefore I cannot be dragged into making a ruling as to whether a member was there or not. Hon Makue, can you continue with the debate.
Chairperson, this member just said, in Afrikaans ...
Afrikaans:
... moenie so lieg nie ...
English:
... which means, do not lie.
Hon Makue, can you take your seat. Is it true, hon Michalakis?
Hon Deputy Chairperson, yes. He is misleading the House and he did lie.
Hon Michalakis, the issue raised is that you said, in Afrikaans, the hon member "lieg". Roughly translated, "lieg" is lying, not misrepresenting facts. So, are you confirming that you said he is lying? Can you please withdraw that?
Deputy Chairperson, I cannot withdraw the truth.
Hon member, I am requesting you to retract on the usage of a word that a member is lying.
Hon Deputy Chairperson, with the greatest respect towards you, I will suffer the consequences but I will not withdraw the truth.
It is clear that the hon member is putting it to the House that he is going to disrespect this Chair, not me, but the authority of this Chair and therefore refusing to withdraw. I therefore order you from this Chair, not me, this Chair is ordering you to leave the House. [Applause.] Hon member ... oh! I thought you were seeking my attention by being on your feet. Okay, that's fine, let me not even get into that. Hon Makue.
Chairperson, I want to apologise to the listeners of this broadcast, particularly our performers, actors and those that can benefit that we are interrupting what is really significant for them with such peripherally things like these but also want them to know that ... [Interjections.]
Hon Dlamini, on what point are rising?
On a point of order. Sorry hon Makue, we cannot leave that. When you asked hon Hattingh why he was standing, he said that he
was giving respect to the member going out for pointing out a liar. Can you rule on that, Chair?
No, in so far as ... hon members, I did check why the member was on his feet and he said that he wanted to show respect to his colleague. I didn't hear any other thing. [Interjections.] So, hon members, I didn't hear any other thing and I made a ruling on that by dismissing that gesture. I dismissed the gesture. Can we continue, hon Makue.
Chairperson, having had the privilege in this fifth administration to Chair the Select Committee on Trade and International Relations, I want to use this time to also prove the truth by stating that all members on a nonpartisan basis within this select committee always demonstrated the greatest respect for each other. As chairperson, I am acknowledging that privately and want to say that these things that we have seen here never happened in the five years of the meetings of the select committee. We don't take it for granted as this is an expression of political tolerance and or political maturity that has been aptly demonstrated by all members of the select committee regarding their political affiliation.
Chairperson, let me conclude by stating that the Beijing Treaty also grants performers moral rights on live performances and performances fixed in audiovisual fixations. That is the right to claim to be identified as the performer and the right to object to any distortion, mutilation and modification that would be prejudicial to the performer's reputation. The intention of granting moral rights is to protect the personality of the performer over and above his or her economic interests.
Therefore, you will understand why the hon members of this select committee are proud to present this third treaty to the House for assertion. Thank you very much, Chair.
Debate concluded.
Question put: That the Report be adopted.
IN FAVOUR: Eastern Cape, Free State, Gauteng, KwaZulu-Natal, Limpopo, Mpumalanga, Northern Cape, North West, Western Cape.
Report accordingly adopted in accordance of section 65 of the Constitution.