Hon Chairperson, hon members of this House, comrades and colleagues, today marks a fresh phase in the process of the recognition and protection of indigenous knowledge. Through the legislative instrument of the Intellectual Property Laws Amendment Bill this House, once it adopts this redrafted Amendment Bill, will launch a pioneering piece of legislation and one long overdue.
Given the substance and purpose of this legislation, I wish to dedicate it to the late, highly respected University of Venda academic, Professor Emeritus Victor Ralushai, who, in his lifetime, charted and underpinned indigenous knowledge, and knew a great deal. However, this legislation is only a platform on which to build even more robust and embracing legislation in this regard.
We brought in experts to assist us: a copyright expert, Ms Shabangu; Professor Ntuli, an authority on indigenous knowledge - because Professor Ralushai was very busy at the time - and Dr Von Braun, an expert in genetic resources and the rights of indigenous people in the international field. There is an extensive report by the Portfolio Committee on Trade and Industry in the Announcements, Tablings and Committee Reports, ATCs, and I urge you to study it.
It was clear from the outset that, with billions of dollars involved, this Bill was under siege from vested interests, as well as from people who looked at only their own expectations of lucrative gain, rather than those who owned the indigenous knowledge. For example, architects benefited in the case of the First National Bank calabash World Cup soccer stadium design, but did the communities where these things are from receive any benefit? However, under this piece of legislation, they will benefit under and through a national trust fund.
Again, most of us are familiar with the song The Lion Sleeps Tonight, originally called Imbube. Solomon Linda wrote Imbube in 1920 and recorded it in 1939, after billions had been made from it by others. In 2006 his family received some compensation - after great litigation expenses.
Under the Intellectual Property Laws Amendment Bill, which the ANC supports, even the poorest person and community will receive recognition and protection. This legislation will also facilitate ownership by communities and the resolution of disputes through a mechanism that will include an appeal process.
The risk of indigenous knowledge loss in Africa and South Africa reminded me of an African proverb that basically states that every morning in Africa, an impala wakes up, knowing she must run faster than the lion or die. A lion wakes up, knowing he must run faster than the impala or starve. In fact, no matter what time the sun rises in Africa, we know you had better start running. [Interjections.] This is why the portfolio committee, led by the ANC, is pursuing this now, on this platform.
The Portfolio Committee on Trade and Industry invited other committees to the briefing and many subsequently came to committee meetings, among those the Portfolio Committee on Science and Technology and the Portfolio Committee on Arts and Culture. It soon became apparent to the committee that this was a very complex piece of legislation, so we went overseas as a multiparty group, the biggest one from a portfolio committee ever allowed to go. We wanted everyone there. We went to Geneva and we visited the World International Property Organisation, Wipo, World Trade Organisation, WTO, the International Centre for Trade and Sustainable Development, ICTSD ... [Interjections.] ... As a matter of fact, they are not ... I will quote from a letter.
Some of the major issues that needed serious study and advice were the constitutionality of the Bill, whether or not it was a Money Bill and whether or not it should be referred to the National House of Traditional Leaders, NHTL. After taking advice from our table of procedural people and legal advisors ... [Interjections.] We learned, certainly, even if we weren't sure then. The Bill does not impose a tax, duty, levy or surcharge and does not request payment from the National Revenue Fund.
With regard to the NHTL, it was clear from the classification by the Joint Tagging Mechanism that the Bill did not have to be referred to them. I see I have only two minutes left. I simply want to add that we had a five-day in-depth study tour overseas. We had two further days of workshops and we started on the Bill in earnest in April last year. We spent many days and hours on the Bill, as every member of the committee will attest to.
Regarding the sui generis approach - which was the choice of some - we took advice during the workshop as well. It then transpired that only one member stated categorically that they were in favour of it. Wipo was mentioned by many in the opposition who claimed that Wipo opposed the legislation entirely, or at least held a different view. This is not the case.
I want to read from a letter written by the secretariat regarding this issue. The letter is extensive, constructive and helpful. I quote:
These comments have been prepared by the secretariat of the Wipo and do not necessarily represent the views of any of the member states of the organisation. Furthermore, Wipo do not expect to finalise the international legislation in this regard this year or even next year. Other countries have pursued their own legislation to take immediate steps.
And, may I add, we have experts in this field right here among us, including our Chief Whip, who is an authority on this particular matter - not that we had extensive consultations with him in the matter at all. [Applause.] The ANC would like to make it very clear that it supports this pioneering piece of legislation and that it believes that the application of minds in the portfolio committee cannot be questioned by anyone. [Applause.]