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President Jacob Zuma has referred the Intellectual Property Laws Amendment Bill back to the National Assembly, after considering all the submissions he received against signing the Bill into law.

The President has sent the Bill back on the following grounds:
(i)
The Bill ought to have been referred to the National House of Traditional Leaders asrequired in terms of section 18 of the Traditional Leadership and Governance Framework Act, 2003.
(ii)
The provisions of the Bill affect certain matters listed in Schedule 4 of the Constitution (which are not necessarily the main subject matter of the Bill), in particular, traditional leadership and cultural matters, and should therefore be dealt with in terms of section 76 of the Constitution.

The Bill has thus been referred to the National Assembly for reconsideration.
“I have considered the Bill, the submissions and the legal opinion on the matter. I am of the view that the Bill as it is now may not be constitutional," said President Zuma.