Chairperson, this Bill seeks to amend an Act that is one example of why South Africa is such a respected member of the global investment community and is the leading economy in Africa. With the Intellectual Property Laws Act and related laws about patents and copyright, we provide secure property rights, thereby reducing risks for investors and entrepreneurs, who know that our laws and courts will protect their property.
We often think of the property rights clause in our Constitution as relating only to land, but that is a serious mistake. The composer of music, the owner of a Kombi taxi, the inventor, the author, the plant breeder, as well as the farmer and the owner of a flat - all have equally important property rights that our laws and courts must protect.
The principle of the Bill that we are discussing in this Second Reading debate is to include within the recognised net of property rights, knowledge and products that have not been included before within the ambit of the Act.
The best-known South African case, to which the hon Harris referred, is the song The Lion Sleeps Tonight, which was used in Disney's film The Lion King. Originally, Wimoweh or Imbube was written by Solomon Linda in 1939 for his group, the Evening Birds. I used to think that the song was from the Caribbean. Thanks to the publicity Rian Malan gave to the injustice of denying Solomon Linda his rights, some compensation has now been paid.
Buchu is an example of plants that have special qualities in their fruit, essential oils or bark and can be developed and processed for commercial use. For centuries buchu was used as a treatment in South Africa by the Khoisan people. Buchu brandy is recognised as an old boereraat for stomach ailments. Nowadays buchu is farmed commercially at Stanford in the Western Cape and its oils are extracted for export to Europe, so creating jobs.
Our Parliament is often decorated with gladioli flowers. What many people do not know is that the gladiolus was developed and bred from our indigenous Watsonia. The same is true of the enchanting and simple Barberton daisy, which is now sold by florists in a variegated and multipetalled form.
It is right that we recognise our so-called indigenous knowledge. Those of us who are familiar with traditional herbalists, sangomas and the various treatments they use, know that there are many people who may even be illiterate, but have a compendious knowledge of plants and their uses.
There is a body of fascinating knowledge and treatment in the field of protecting oneself against lightning strikes. The famous traditional healer and herbalist, Khotso, who lived and died at Lusikisiki in Pondoland and claimed that his father was President Paul Kruger's coach driver, sold a product that was bought by most Xhosa miners to protect them from danger when going to the mines. This Bill is trying to put in place mechanisms to enable people like the late Khotso with his indigenous knowledge to be recognised. That also applies to sellers of a type of love potion called "bheka mina ngedwa". [Laughter.]
The portfolio committee, under our chairlady's leadership, has done its best over a long period to process this Bill. Cope welcomes the principle of the Bill. However, we do have concerns around two aspects. The one is attaching this good objective to our existing Intellectual Property Rights Act through this amendment. We don't think it works. [Interjections.]
[Uhleko.] Ngiyabonga, kodwa okokugcina Mnumzane, ngifuna ukubongela uLindiwe Mazibuko. Sikufisela inhlanhla KaMazibuko, uNkulunkulu akubusise nkosazana. [[Laughter.] Thank you, but lastly, sir, I would like to congratulate Lindiwe Mazibuko. We wish you all the best, Ms Mazibuko. May God bless you.]