GOVERNANCE

We’re Music Lovers, Just Like You.

Each member of the Board of Directors shares your passion and enthusiasm for the future of the music industry.

We are deeply committed to the success of our members, who are creating  musical waves both locally and internationally.

Board Members

Mr. N. Maweni

Independent Chairperson
Nicholas Darius Maweni is the immediate past Chairperson of Amnesty International South Africa. He is the Chairperson of the Valued Citizens Initiative, Chairperson of the Governance Investment Fund and Executive Chairperson of BRICS Fashion.
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He was the Marketing Director for the world’s leading enterprise application Software, SAP. He has worked for over 18 years as a seasoned Senior Executive. He served as the Chief Marketing Executive at IBM Africa and Group Marketing Director for Skynet Worldwide Express. He was the Executive Head of Corporate Affairs at Virgin Mobile from when it launched in South Africa in 2006. Prior to being at Virgin Mobile, has worked for various companies in the ICT sector - such as Vodacom, Marconi.

Mr. Maweni has extensive experience in both the Private & Public Sectors, having worked as Chief of Staff for the Ministry of Arts & Culture and the Ministry of Justice & Constitutional Development. He was the Managing Director of the Black Management Forum. He chaired the Social & Ethics Committee as a Council member of the Central University of Technology and as Executive Chairperson for BRICS Fashion Week, to mention a few.

He studied for an MBA in Strategic Marketing and also has a Masters of Law (LLM) and is currently studying towards a Doctorate in Law. He has received various awards, which include the Institute of Marketing Management and was awarded Citizen of the Year by the City of Port Elizabeth in 1998. The BMF also awarded him the Manager of the Year in 2010. Many call him the Fixer, The Chair of Chairs.

Mr. S. Mayekiso CA (SA), CFA

Independent Vice Chairperson
Sisa Mayekiso has served as Lead Independent Non-Executive Director & Chairperson of the Audit & Risk committee since joining the Board in 2019.
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He is a seasoned finance executive with extensive experience in Banking, Insurance, InvestmentManagement & Entertainment. A Chartered Accountant, CA (SA) by profession& also a CFA Charter holder with the CFA Institute in Charlottesville inVirginia USA. Sisa is Founder & Managing Director of Investment Management firm Volantis Capital.

Sisa brings strong commercial, finance, strategic, leadership and audit expertise to the Board. He is also the Chairperson of theSAMRO Retirement Annuity Fund, serves on the Board of the Export CreditInsurance Corporation and the 1970’s Mines Preservation Funds.

Dr. S. Vilakazi

Non-Executive Board Member
Dr Sibongile Vilakazi is currently the President of the Black Management Forum (BMF), and she is a Customer Experience Consultant at Kantar, a global insights organisation.
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Dr Vilakzi is a Research Psychologist with a PhD in Organisational Development. She completed her PhD at Wits Business School (WBS) in 2015 and joined WBS as a faculty member in 2017, teaching Strategy.

She is an academic with research interests in Business Strategy, Organisational Change Design and Customer Experience. She supervises both MBA and PhD students in these areas.

Dr Vilakazi is also a business consultant, consulting for small and large businesses. She also serves on the Kalagadi Manganese Mining Company and Entsika Consulting Board.

Ms. A. Lebethe

CEO
Ms Annabell Lebethe previously held the position of CEO of Ditsong Museums of South Africa, prior to being appointed as the CEO of SAMRO.
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She started her career in the arts sector in 2001 and has since rapidly grown as an arts and culture management executive.

She holds a Master of Public Management qualification from the Regenesys School of Public Management, has completed a programme for Management Development at the Gordon Institute of Business Science (GIBS), and has a Project Management diploma from Damelin Management School. Additionally, she obtained a National Diploma: Town and Regional Planning from Technikon Witwatersrand (now the University of Johannesburg).

Previously, Ms. Lebethe also served as the interim CEO of the Performing Arts Centre of the Free State, where she was tasked with stabilising the entity, implementing its turnaround strategy, developing the organisational structure, dealing with audit findings, developing the artistic framework and formalising governance structures and operations. Prior to this, she served as CEO of the Market Theatre Foundation.

She has held numerous other senior and consulting positions in the arts and culture sector throughout her long and distinguished career.

John Scullion is an experienced Finance professional qualified as a Chartered Accountant in 1993 following articles with PwC.
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Ms. L. Thomas

CFO
Ms Leanne Thomas is an experienced Chartered Accountant (CA) SA and is a member of the Independent Regulatory Board for Auditors (IRBA).
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Ms Thomas holds a Bachelor of Commerce degree with Honours from the University of Johannesburg and boasts an impressive track record in financial administration, industry reporting, budgeting and cost control - all of which she has acquired through her extensive experience working with several prestigious organisations. She started her career as an audit clerk at RSM Johannesburg and assumed the position of Audit Associate briefly at McGladrey & Pullen Certified Public Accountants in Dallas, Texas (currently known as RSM US LLP).

Her expertise includes managing cash and working capital, providing financial business partnering, ensuring tax and regulatory compliance, and overseeing internal and external audits.  Throughout her career, Ms Thomas has demonstrated an unwavering drive for excellence and an unrelenting focus on achieving her goals. With a diverse skill set, a proven track record of accomplishments and an unrivalled understanding of the CMO, she remains dedicated to contributing to SAMRO's continued success and growth.

Mr. R. Hill

Non-Executive Board Member
Ryan is the Managing Director of Universal Music Publishing and a business leader in the music industry.
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As a director, he founded well-known societies and industry associations and chaired various industry boards such as CAPASSO and MPASA. As a music publisher, he has signed acts such as Burna Boy, Black Coffee, Msaki, Diamond Platnumz, TRESOR amongst many others.

He has a Masters Degree in Music by Composition, is an accomplished pianist and has been active in the music publishing business for over twenty-two years.

Mr. R. Naicker

Non-Executive Board Member
Rowlin Naicker is the Managing Director of Sony Music Publishing, with oversight to a host of iconic acts such as Mdu Masielela, Abdullah Ibrahim, Joyous Celebration, Freshly Ground, Bombjeez/Kalawa, Mafikizolo, Brenda Fassie, Arno Carstens and Hugh Masekela.
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He is also responsible for representing talent such as DJ Maphorisa, Moonchild, Matthew Mole, Mi Casa, Zakes Bantwini, D’banj, Busiswa, SamthingSoweto, Kabza De Small, 2Baba, Nomcebo Zikode, Black Motion and Beatenberg amongst others that form part of SMP’s global roster.

Rowlin works closely with key music industry associations and is currently a director of MPASA (Music Publishers Association South Africa) and serves as a non-executive director on the board of CAPASSO (Composers AuthorsPublishers Association). He is the chairperson of FINCOMM and a member DIGICOMM, both being sub committees with an important role of ensuring the best digital deals for Pan Africa. Rowlin is also a re-elected non-executive director on the board of SAMRO (Southern African Music Rights Organisation), who play a vital role in administeringPerforming Rights on behalf of their members.

Rowlin brings professionalism, dedication, energy and expertise that he has gained over the last two decades having started his musical journey in 1999 at Primedia/Electromode Music, then moving onto EMI Records in 2004, thereafter he joined Sony Music Publishing in 2007. He is a passionate music business executive and a true ambassador of our diverse world class African music both at home and on international shores.

Mr. T. Thekisho

Non-Executive Board Member
Tebogo Thekisho most popularly known as ProVerb, host and co-producer of South African Idols and The Property Game, hails from the Diamond Capital of the world, Kimberley in the Northern Cape.
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He carved a name for himself as a budding Emcee after winning a few rap competitions on Radio, and even appearing as a contestant on Jam Alley in ‘99. After completing his diploma in Sound Engineering, he landed a job at Yfm as Technical Producer for DJ Fresh 2003, and secured a TV Presenting spot on Channel O, hosting a Hip-Hop segment called “Head-Rush”.

ProVerb released his debut album “The Book of ProVerb” in 2005, which to date is considered a classic in theHip-Hop fraternity. This was followed by four other albums, a mixtape, DVD and countless collaborations in a music career that would span two decades and yield two awards. One for “Hustler of the Year 2017” and another for “Verse of the year 2019.”

His Radio career would see him move to Metro Fm 2007, where he launched his on-air career, followed by a slot at Highveld Stereo (now 947) 2010 and Kaya Fm 95.9  2017. In 2010 he participated in Survivor Santa Carolina where he was the last man standing, raising money for a charity in his home-town Kimberley. This would lead to an invitation to audition for South African Idols, a position he held for more than a decade, co-produced, and won a You Spectacular “Favourite TVPresenter” Award for in 2017.

He is a Published Author, formidable speaker, Master of Ceremonies and businessman in and outside of entertainment. The latter would include serving as a Non-executive Director fora travel & tourism company and co-owning a television production company “SIC Entertainment" – which produced among others: Idols South Africa, Nigerian Idol and Wedding Bashers. His passion for property, has seen him complete a UCT certificate in Property Development and Investment and another in Tax Law, and he now manages a property portfolio which spans across Gauteng, KZN and the Western Cape.

ProVerb also holds a UCT certificate in Investment Management, is currently pursuing a BBA with Regenesys Business School and in 2020 was elected to serve on the board of theSouthern African Music Rights Organization as a Non-Executive Director.

In April 2022 ProVerb would return to national radio, as co-host of the Midday Show, Monday to Friday 12 to 3pm on Metro FM at the SABC and in July of the same year, he walked away with the Gold Presidential Award, at the PRISA PRISM Awards 2022.

Mr. G. Le Roux

Non-Executive Board Member
Mr. Le Roux owns Kaleidosound Music & Media, which was established in 1995 in Cape Town. He is also the founding former General Secretary and current President of TUMSA (Trade Union for Musicians of South Africa).
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He studied theory and piano from 1962 to 1973 and his experience as a professional musician dates back to 1976 when he started touring with various bands throughout the 70s, 80s, and 90s throughout the entire Southern Africa and performing in countries such as South Africa, Botswana, Swaziland, Namibia and Zimbabwe. During 1978 to 1982 he avoided mandatory Military Combat conscription by joining the SA Army Band, studying his SANDF Music Artisanship in Orchestral percussion and Brass arrangement and attaining the Rank of Sergeant. After this period, he took a Full-time position as an HR Consultant for 5 years, completing various Human Resources (HR) courses and becoming a Senior HR Consultant in the private sector where he managed diversity and transformation projects for various large corporate clients.

However - as a seasoned multi-instrumentalist who mastered keyboards, guitars, bass, drums, percussion, lyrics and vocals - in his free-time he soon became a very sought after Studio Sessionist and that lead to him becoming a fully-fledged Composer / Producer in 1989. Since then his work in the SA Music sector has been prolific, having produced over 50 albums in genres including Mbaqanga, Kwaito, Jazz, Classical, House, Afro Pop, Rock, Pop, Gospel, Hip-Hop and Amapiano. In doing so he was called upon to work with top South African music icons, including Mandoza, Brenda Fassie, Busi Mhlongo, Ringo Madlingosi, Yvonne Chaka Chaka, Lebo Mathosa, Kabelo, Chiskop, Thembi Seete, Vicky Sampson, Mapaputsi, Brown Dash, Danny K and The Heuwels Fantasties.

Mr. Le Roux has an impressive array of accolades in the music industry. Among his many accomplishments, he has been honoured with three triple-platinum awards, two platinum awards, four gold awards, and multiple SAMA awards for his work producing and co-composing music for various artists. Some of his most notable awards include two consecutive SAMA Song of the Year awards for “Nkalakatha” and “Godoba” by Mandoza, as well as a SAMA Song of the Decade nomination for “Nkalakatha,” which he co-composed and produced. In recognition of his prolific catalogue of works, he was also awarded the Lifetime Achievement Wawela in 2016.

In addition to his work with artists, he has also composed and produced music for numerous corporate clients in the retail and service sectors. As Music Sector Activist he has been working tirelessly to change the SA Music Sector as an Economically Sustainable environment for the benefit of younger generations of emerging Music professionals in the future.


Dr. T Luthuli

Non-Executive Board Member
Dr. Luthuli is a distinguished Film Composer Professional known for his versatility and creativity. He currently serves on the board of the South African National Biodiversity Institute (SANBI) and The Cross-Border Road Transport Agency(C-BRTA). Additionally, he co-founded the Pan African Composer and Songwriter Alliance (PACSA) and Skumba Music which was initially established with the video lab and later sold its publishing rights.
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He holds a PhD in Economic and Management Sciences from North-West University and an MBA in Corporate Finance and Business Strategy from Milpark Business School, and his expertise extends to both local and international arenas. He has composed scores for numerous movies, television programs, logos, and drama series, collaborating with clients such as the former James Bond movie editor.

His portfolio includes scoring for SABC dramas like Emzini Wezinsizwa and Backstage Soapie, along with an extensive library of music. Dr. Luthuli has also contributed significantly as Chairman and shareholder of Nisa Global Entertainment, a multi-jurisdictional firm specialising in copyright law, business affairs, and skills development.

Currently, Dr. Luthuli serves on the board of the South African National Biodiversity Institute (SANBI) and The Cross-Border Road Transport Agency (C-BRTA), appointed by the Minister of Environment, Forestry & Fisheries and the Minister of Transport, respectively. His leadership roles on various committees reflect his commitment to governance and development in both the creative and environmental sectors.

Dr. Luthuli's past role as President and co-founder of PACSA an associate ofthe Confédération Internationale des Sociétés d'Auteurs et Compositeurs(CISAC)’s International Council of Creators of Music, underscores his dedication to advancing the interests of composers and songwriters internationally.

Ms. L. Bulley

Non-Executive Board Member
Ms. Louise Bulley owns VVP Publishing, a music publishing company located in Cape Town. She holds a director position on the Board of the Music Publishers Association of SouthAfrica (MPASA) and plays a pivotal role as the head of the Royalties Department at Mama Dance Music Solutions.
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Louise's journey in the South African music industry began in 2003 when she started as a temp for the former mechanical rights society, the National Organisation for Reproduction Rights in Music in Southern Africa (NORM). Following its transition into CAPASSO, she became a founding member of the organisation. Later, she took on the role of Jingles Manager at the Southern African Music Rights Organisation (SAMRO), where she focused on resolving flighting codes with her team.

Louise had a desire for independence, and she then ventured into independent music publishing and achieved this by joining Synchro Music Management as the Creative Director for Production Music. She subsequently managed Synchro Music for several years before joining Mama Dance Music Solutions. Her passion for music production, composers, and the intricacies of royalties extends to local and international markets, making her an invaluable asset to the music production industry.

Ms. V.M Motloutsi

Non-Executive Board Member
Ms. Veronica Mmakoma Motloutsi is a visionary leader and accomplished entrepreneur, serving as the founder and CEO of SmartDigital Solutions, a company at the forefront of digital transformation and innovative ICT solutions. With a robust academic background, including an MBA and several advanced qualifications in technology and leadership, Veronica brings a wealth of experience across sectors such as telecommunications, financial services, government, and oil & gas. Her expertise in digital transformation strategy and enterprise architecture, coupled with her leadership roles on the boards of both state-owned and private-sector ICT companies, has positioned her as a key driver of technological innovation.
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She holds a Master's in Business Information Systems from Tshwane University of Technology, a Master of Business Administration (MBA) from the Gordon Institute of Business Science, and numerous other advanced qualifications in technology and business management.

As the founder and Chief Executive Officer of SmartDigital Solutions, a 100% black female-owned digital company, Veronica leads with a vision to leverage the benefits of the 4th Industrial Revolution to enable her clients to achieve their digital ambitions. Her leadership has driven mergers and acquisitions that have fueled the company's growth. She possesses extensive experience in enhancing customer experience and digital platforms across Africa.

During her tenure at Vodacom, she was recognised as one of Vodafone's 100 inspiring women. Her career achievements have been recognised with multiple awards, including the National Business Awards' Top Executive Under 40 and Standard Bank's Top Entrepreneur of the Year. Her employment history includes positions at Nedbank, Sun International and SARS.

Veronica is also a passionate advocate for gender balance, actively mentoring women in technology. Her commitment to advancing the digital sector and empowering women has earned her numerous awards, recognising her outstanding contributions to the field.

Executive Management

Ms. A. Lebethe

CEO
Ms Annabell Lebethe previously held the position of CEO of Ditsong Museums of South Africa. Prior to being appointed as the CEO of SAMRO
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She holds a Master of Public Management qualification from the Regenesys School of Public Management, has completed a programme for Management Development at the Gordon Institute of Business Science (GIBS) and also has a diploma in Project Management from Damelin Management School. Additionally, she obtained a National Diploma: Town and Regional Planning, from Technikon Witwatersrand (now the University of Johannesburg).

Prior to being appointed as the CEO of the Southern African Music Rights Organisation (SAMRO), she held the position of CEO of Ditsong Museums of South Africa.

Previously, Annabell also served as the interim CEO of the Performing Arts Centre of the Free State, where she was tasked with stabilising the entity, implementing its turnaround strategy, developing the organisational structure, dealing with audit findings, developing the artistic framework and formalising governance structures and operations. Prior to this, she served as CEO of the Market Theatre Foundation.

During her long and distinguished career, Annabell also held numerous other senior and consulting positions within the arts and culture sector.

Ms. M. P. Mofikoe

COO
She is a seasoned business strategist and an integrated marketing communication practitioner with strong business transformation acumen.
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 With a career spanning over 20 years in the private and public sector, she is a seasoned business strategist and an integrated marketing communication practitioner with strong business transformation, strategic planning, operations management, business development, sales, market/product development and financial acumen. Mpho boasts knowledge and understanding of the different dynamics of doing business in Africa and globally.

Some of the previous positions she held include Acting Executive Manager: Stakeholder Relations and Education – EAAB, Sponsorship and Marketing Director - 2010 Artists of Africa Exhibition (an official parallel event of the City of Johannesburg for the 2010 FIFA World Cup), Head Marketing and Public Affairs for Africa Division – Citi Bank, and Business Development Manager -Business in Africa Group.

Ms. L. Thomas

CFO
Ms Leanne Thomas is an experienced Chartered Accountant (CA) SA and is a member of the Independent Regulatory Board for Auditors (IRBA).
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Ms Thomas holds a Bachelor of Commerce degree with Honours from the University of Johannesburg and boasts an impressive track record in financial administration, industry reporting, budgeting and cost control - all of which she has acquired through her extensive experience working with several prestigious organisations. She started her career as an audit clerk at RSM Johannesburg and assumed the position of Audit Associate briefly at McGladrey & Pullen Certified Public Accountants in Dallas, Texas (currently known as RSM US LLP).

Her expertise includes managing cash and working capital, providing financial business partnering, ensuring tax and regulatory compliance, and overseeing internal and external audits.  Throughout her career, Ms Thomas has demonstrated an unwavering drive for excellence and an unrelenting focus on achieving her goals. With a diverse skill set, a proven track record of accomplishments and an unrivalled understanding of the CMO, she remains dedicated to contributing to SAMRO's continued success and growth.

Annual Reports

SAMRO upholds a high standard of integrity and transparency. We make our financial statements available to the public so that Music Users and Music Creators alike can have a clear picture of how we collect and distribute royalties.

In this way, we are reassuring our partners that the royalties we collect are distributed to the correct members.

Annual Report 2023

Annual Report 2022

Annual Report 2021

Annual Report 2020

Annual Report 2019

Annual Report 2018

Annual Report 2017

Annual Report 2016

Annual Report 2015

Annual Report 2014

Annual Report 2013

Annual Report 2012

Annual Report 2011

Annual Report 2010

AGM

The Annual General Meeting (AGM) of the members of the Southern African Music Rights Organisation (SAMRO).
During SAMRO’s Annual General Meeting, members are informed about SAMRO’s performance and the meeting offers members an opportunity to hear from the Board of Directors.
Notices:

2023

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The Notice of the Annual General Meeting

Notice is hereby given in terms of Section 62 (1) of theCompanies Act, No. 71 of 2008 as amended (“Companies Act”) and the Memorandumof Incorporation of the Company (“MOI”) that the Annual General Meeting (“AGM”or “meeting”) of the Company will be held in person at SAMRO PlaceAuditorium situated at 20 De Korte Street,Braamfontein and through electronic participation, onThursday, 7 December 2023 at 10h00.

TheCompany is permitted in terms of section 63 (2) of the Companies Act and clause14.8 of the MOI to hold an AGM by electronic communication.

The purpose of this meeting is to: 

1.       Present reports from the Board, which reports arealso available in the Integrated Report and/or Annual Financial Statements. 1.1.    Chairman’sReport; 
1.2.    Auditand Risk Committee Report; 
1.3.    Social, Ethics andGovernance Committee Report; 
1.4.    Nominations, HumanResources and Remuneration Committee Report; 
1.5.    Chief Executive Officer’s Report.

2.      Presentthe Integrated Report of the Group for the year ended 30 June 2023, which willbe available online on Friday, 24 November 2023 on the SAMRO website; 
3.      Present the Audited AnnualFinancial Statements for the year ended 30 June 2023, which is available online at www.samro.org.za; 
4.      Re-appointSNG Grant Thornton Inc as the External Auditorsfor the financial year 2023/2024; 
5.      Resignationof Directors; 
6.      Appointmentand/or Re-appointment of Directors; 
7.      Election of Directors; 
8.      Approve proposed amendments to the Memorandum of Incorporation; and
9.      Consider other matters of interest:
9.1.    SAMRO Retirement Annuity Fund Presentation; 




2022

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Notice of the Annual General Meeting

Notice is hereby given that the Annual General Meeting (AGM) of the members of SAMRO will be held on Thursday, 8 December 2022, at 10h00, at SAMRO Place Auditorium situated at 20 De Korte Street, Braamfontein, as well as via an online platform, for the following general purposes:

Call for the nominations of members to serve as Non-Executive Directors on the SAMRO Board of Directors

The call for the nomination of members to serve as Non-executive Directors on the SAMRO Board of Directors has been extended.

Direct communication with full details has been sent to members. The Extension for nominations for the Board appointments closes at 15:00 on 25 November 2022.

We look forward to receiving all your nominations.

AGM Documents:

Director Nomination Form 2024

Member Full List 2024

SAMRO 2024 EGM – Final Proxy

EGM Notice and Resolutions Abridged

SAMRO NPC Group - Audited Annual Financial Statement 2023

SAMRO NPC Group Audited Financial Statement 2022

Legal

We are a fully-accredited business with legal authority to enforce the rights of our members. We are not only in the business of administering Performing Rights on behalf of our members, we also assist government with legal input aimed at improving copyright law in South Africa.

Amended Memorandum of Incorporation

CIS-Net CIS-RHA-01 Rights Holders Access User Guide for Rights Holders

CIS-RHA-01 Rights Holders Access Information Sheet for Rights Holders

SAMRO Membership Rules

Member Code of Conduct

CPA Regulations

Consumer Protection Act

Copyright Regulations

Governance and Control

At SAMRO, we believe in conducting our business with honesty and integrity. It is important that all our employees, members, licensees, consultants and agents uphold our values and behaviours in accordance with our Code of Conduct policy and governance documents.

We strive for transparency in our operations, disclosures and reporting, as we recognise that maintaining high standards of ethical conduct is essential for building trust with all of our stakeholders. To ensure this, we have strict controls and compliance requirements in place across the organisation.

We apply consistent standards in areas such as risk management, conflicts of interest, prevention of bribery and corruption, anti-money laundering, sanctions, and financial crime prevention. We do not support any political parties or interest groups, and we work with our suppliers to manage their associated environmental, social and ethical impacts.
Whistleblowing
At SAMRO, we hold ourselves to the highest standards of integrity and honesty. We believe that everyone has a responsibility to speak up if they believe something is wrong, whether it be misconduct, fraud, or illegal activity, or if they feel our standards are not being met. We encourage all parties to act in good faith and report only information they reasonably believe to be true. We strictly prohibit malicious and false reporting. If you raise concerns, we want you to know that they will be taken seriously and treated sensitively. We will independently investigate any concerns raised as appropriate.

If you prefer to raise your concerns anonymously, you may do so through our whistleblowing channel. We want to assure you that no one will be treated less favourably, discriminated against, or disadvantaged because they have raised concerns. We take these matters very seriously and will do our utmost to comply with all applicable laws and regulations.
Whistleblowing Contact Details
SAMRO values ethics and honesty in all our operations. If you witness any ethical violations, please don't hesitate to contact Whistle Blowers (Pty) Ltd, an independent service provider that enables employees, clients, SAMRO Members and licensees to anonymously report fraud, criminal and unethical activity, and other irregularities in the workplace.

To report unethical activity, you can call 0800 213 117.

Copyright Amendment Bill

What is Copyright?
Understanding copyright laws is essential when it comes to music creation.  In South Africa, copyright is governed by the Copyright Act of 1978, which provides exclusive rights to the original songwriter or composer, allowing them to control the use and distribution of their work.

Copyright is a set of exclusive rights granted to the original songwriter or composer.  These rights guarantee that they are compensated through royalties earned from the reproduction, distribution, and adaptation of the work.

SAMRO members are entitled to royalties for the use of their copyrighted works in various forms, such as radio airplay, live performances, and music streaming services. The organisation also provides legal support to its members in case of copyright infringement. Overall, copyright protection is essential for SAMRO members to safeguard their creative output and earn fair compensation for their work.

To read more about the Copyright Act of 1978, click the buttton below:
The Copyright and the Performers Protection Amendment Bills
The Aim of the Copyright Amendment Bill
In the Republic of South Africa, the Copyright Act governs the right to control the use and distribution of artistic and creative works. Recently, the Copyright Amendment Bill was introduced to amend the Act of 1978. The Bill seeks to provide multiple limitations and exceptions regarding the reproduction of copyright works, sharing of royalties, resale royalty rights, protection of digital rights, and other provisions. The proposed amendments include:

Defining specific words and expressions,

Establishing further limitations and exceptions for copyright work reproduction,

Sharing royalties,

Paying royalties for literary, musical, artistic, and audiovisual works, and

Providing resale royalty rights.

The Bill also proposes recordal and reporting of certain acts, accreditation of collecting societies, a mechanism for dispute settlement, access to copyright works for persons with disabilities, licensing of orphan works, strengthening the powers and functions of the Copyright Tribunal, and prohibiting conduct in respect of technological protection measures and copyright management information.

The Bill also seeks to protect digital rights and establish certain new offences related to copyright matters.
The aim of the Performers' Protection Amendment Bill
This Act protects performances of literary, musical and artistic works staged in South Africa or in a Rome Convention country where protection is granted to South African performances. The duration of such protection is 20 years.

The Bill also expands restrictions on the use of performances, provides for royalties or equitable remuneration when a performance is sold or rented out, and outlines offences and penalties related to these matters. The Bill will also include transitional provisions and other related matters.

The proposed amendments include:

To provide for performers' economic rights, moral rights, and transfer of ownership, among others. 

To ensure the protection for sound recording producers and impose stricter usage limitations on performances. 

To ensure compensation or payment of royalties when a performance is rented or sold, and the applicable noncompliance penalties.

SAMRO Concerns Regarding the Copyright Amendment Bill:
SAMRO is concerned about the Bill and how it may affect the rights of Members, who are authors, composers and publishers. SAMRO has consistently advocated for fair copyright legislation by engaging policymakers and legislators. Regrettably, the Copyright Amendment Bill (CAB), in its current form, which includes the Fair Use provision, was passed by the National Council of Provinces (NCOP) to the National Assembly for concurrence.

Although there have been attempts to address potential issues, SAMRO has raised concerns regarding the effect of the Bill on creators and copyright holders. Specifically, SAMRO is worried about the concept of "Fair Use". Despite offering suggestions, SAMRO's concerns were largely overlooked. If the Bills are implemented in their current form, members may struggle to protect their works and generate an income from it.

SAMRO has submitted proposals to protect rights-holders and has urged the government to conduct a Social Economic Impact Assessment Study to ascertain the new provisions' impact on the creative industries. Currently, the NCOP is considering the Bill, and SAMRO hopes that its reservations will be taken into account.

To ensure clear comprehension of SAMRO’s concerns, the following summary provides some clarification.

SAMRO strongly supports the updating of South Africa's copyright laws. However, certain changes suggested in the Bills are a cause for concern. In particular, the protection provided for rights-holders in digital settings, including the use of artificial intelligence, is insufficiently addressed in the Bill.

The organisation has expressed concern regarding the "Fair Use" concept, which permits individuals to utilise a creator's work without seeking permission or offering proper credit. This means that the creator will not receive any compensation for their work, and it can be utilised for various purposes, including education. It may be difficult for users to determine when they can use a creator's work without explicit permission, thus making it the owner's responsibility to take legal action to claim any royalties.

SAMRO is predominantly worried about the potential ramifications of this legislation on the creative industries, of which the organisation is a member. To effectively gauge the effects of the new provisions on the creative industries, SAMRO highly recommended conducting a thorough Social Economic Impact Assessment Study. It is of utmost importance to approach each sector with a nuanced perspective, recognising that the impact on music, books, film, television, and animation may differ significantly. Additionally, it is essential to consider a proper Intellectual property policy during the drafting process and to seek guidance from experts appointed by the previous PC.

Furthermore, SAMRO expresses significant concerns regarding the consultation process, encompassing issues such as the accessibility of physical venues selected for the consultations, the scheduling of meetings, and the ability for virtual participation.

Follow the latest updates on the Copyright and Performers Protection Amendment Bills:
More information on the current status of the revisions to the Bill:

Track the Copyright Amendment Bill

Track the Performers Protection Amendment Bill

Access SAMRO’s submission to the NCOP

Track the latest updates on the Bills

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