Sihlalo ohloniphekile, oNgqongqoshe noSekela Ngqongqoshe abahloniphekile, maLungu ePhalamende ahloniphekile, umbutho wabantu i-ANC wethula lo mthethosivivinywa ochibiyelwayo esiwubiza ngokuthi yi- Intellectual Laws Amendment Bill kule Ndlu ehloniphekile yeSishayamthetho ukuze leNdlu iwuphasise lo mthetho usebenze njengomthetho wezwe.
Ngalo mthetho, uhulumeni kaKhongolose uhlose ukuthi kuhlonishwe futhi kuvikelwe ulwazi oluyinjulamqondo [indigenous knowledge] olutholakala emphakathini yokudabuka kuleli lizwe lakithi[indigenous communities], kanye nokuthi le miphakathi yokudabuka ihlomule ingxenye yenkece - imali phela - uma lolu lwazi lusetshenziswe ngabanye ngenhloso yokuthola umvuzo oyinkece. (Translation of isiZulu paragraphs follows.)
[Mr N E GCWABAZA: Hon Chairperson, hon Ministers and Deputy Ministers, hon Members of Parliament, the people's party, the ANC, presents this amending Bill that is known as the Intellectual Properly Laws Amendment Bill before this august House, the National Assembly, for the House to pass it so that it can be recognised as state law.
With this law, the ANC-led government is aiming at recognising and protecting indigenous information that belongs to the indigenous communities of this country, and for these indigenous communities to be compensated financially when this information is used by those who want to benefit financially.]
The promotion and protection of indigenous knowledge using intellectual property law is a subject of debate in Africa and the rest of the world in various international forums, such as the World Intellectual Property Organisation, the World Trade Organisation, the United Nations Educational, Scientific and Cultural Organization, Unesco, and many others. This debate is particularly important for developing countries and less developed countries, particularly those whose indigenous knowledge continues to be exploited and misappropriated by third parties for financial benefit, without the same benefit accruing to those indigenous communities who are the holders and custodians of indigenous knowledge.
As we continue to build a developmental state, we can no longer ignore the importance of recognising, promoting and protecting indigenous knowledge in order for it to benefit indigenous communities economically, continue to build social cohesion and advance national reconciliation.
Hon Ambrosini, article 27, paragraph 3(b) of the Trade-Related Aspects of Intellectual Property Rights, Trips, agreement empowers member states to consider protecting indigenous knowledge by using intellectual property systems.
Kulo mthetho akukho nakunye okushintsha noma okuchibiyela umthetho weNdlu kaZwelonke yobuKhosi beNdabuko. Abaholi esahlangana nabo eMpumalanga Kapa nabanye abafika emihlanganweni yomphakathi [public hearings] lapha ePhalamende bayawusekela lo mthetho, ngoba baqonda kahle ukuthi akukho okushintsha umthetho ababusa ngawo.
Ngalo mthetho, i-Intellectual Laws Amendment Bill, sizovikela, sihloniphe ukugujwa komkhosi womhlanga nokusina kwamaZulu, imifanekiso yezingubo nemidwebo yezindlu zamaNdebele, isigqoko sotshani sabeSuthu, amalungelo abaqambi bezinganekwane [copyright of indigenous folklore], imifanekiso yobuhlalu nokuxhentsa kwakwaXhosa. (Translation of isiZulu paragraphs follows.) [In terms of this law, nothing is going to amend the laws of the National House of Traditional Leaders. The leaders whom we met in the Eastern Cape and others who came to the public hearings here in Parliament support this law, because they understand very well that nothing is going to change with regard to their powers.
With this law, the Intellectual Property Laws Amendment Bill, we will protect and recognise the celebration of the Reed Dance and the traditional dances of the Zulu people, the designs of the dresses and the drawings on the houses of the Ndebele people, the grass hat of the Sotho people, the copyrights of indigenous folklore, the beadwork designs and the traditional Xhosa dance, ukuxhentsa.]
It will protect indigenous Indian and Afrikaner music and dance performances, and the Cape Minstrels with their colourful apparel, so that whoever wants to use these designs, trademarks, performances and copyrights for commercial gain has to enter into a benefit-sharing arrangement with the indigenous communities as the owners of this indigenous knowledge.
Indigenous peoples all over the world have lamented that their arts and crafts, literature and folklore, science and medicine, music and dances, designs, trademarks and heritage are subjects of research and eventual commercial exploitation by others, while they are denied not only financial benefit, but also respect and official recognition. I submit that, through the Intellectual Property Laws Amendment Bill, the ANC seeks to guarantee just compensation for indigenous communities when their indigenous knowledge is being used for commercial gain. If this House fails to pass this Bill, mining of indigenous knowledge will become the latest and ultimate neo-colonial form of exploitation of indigenous communities. It is estimated, for instance, that the annual world market for medicines derived from medicinal plants discovered by and from indigenous communities amounted to $43 billion in 1985, grew to $130 billion by 1990 and will total $5 trillion by 2020. When one adds the economic value of other forms of indigenous knowledge, which continue to be exploited and misappropriated, one will realise that indigenous communities are losing massive amounts of money. This massive indigenous wealth cannot be left to individuals and private business while the indigenous communities continue to be poor, hungry and unemployed.
This is an opportune moment for this Parliament to pass this amending Bill in order to use the collective intellectual property of our indigenous communities to secure the economic benefit that is due to them.
Let me conclude by drawing the attention of the House to this proverb: "Every time an elder dies, it is as if a library burns down". This Parliament must pass this Bill so that the educational, social, cultural and moral values and the economic benefits accruing from indigenous knowledge are no longer lost to posterity every time a generation of elders passes on. [Applause.]