Published by the government of Zimbabwe
Wonder Guchu
6 September 2007
Harare — The Zimbabwe Music Rights Association has written to the Ministry of Justice and Parliamentary Affairs complaining about some Bulawayo public prosecutors who allegedly said they were unable to enforce the Copyright and Neighbouring Act.
Polisile Ncube the music association's general manager also wrote to the Minister of State for Policy Implementation, Cde Webster Shamu, who is also the patron of the Zimbabwe Union of Musicians and the Zimbabwe Republic Police Director of Legal Affairs Assistant Commissioner Clemence Masango.
The Anti-Piracy Organisation of Zimbabwe has also voiced concern over the way some courts were handling piracy cases in the country.
In her letter dated July 30, 2007 to the Secretary for Justice, Legal and Parliamentary Affairs Mr David Mangota, Ncube said efforts in fighting piracy were being frustrated at all levels and was now praying for the ministry's intervention in this regard.
Citing 15 cases of suspected pirates who were arrested in Bulawayo in June and were released because the prosecutors allegedly said according to the new law, the music association had no mandate to represent musicians.
"Our intention was for these cases to be heard in the court but to our surprise the Criminal Investigations Department, together with the public prosecutors, have 'dismissed' all the cases, saying the Zimbabwe Music Rights Association cannot stand on behalf of the artists.
"In other words they read the Copyright Act as saying only the copyright owners (artists) can claim infringement.
"Zimbabwe Music Rights Association is a duly registered collecting society with the Registrar of Companies and as well as with the Intellectual Property Organisation of Zimbabwe.
"If we cannot facilitate the arrest and charge of pirates in the country, then who can?" she asked. Ncube also said her association was "appealing to set up a commission of inquiry to find out who is behind this unbecoming behaviour of letting pirates go scot free".
Ncube said Cde Shamu would convene a meeting with officials from the Ministy of Justice, Legal and Parliamentary Affairs, Ministry of Education, Sport and Culture as well as the Ministry of State for Policy Implementation. An official in the Attorney-General's Office confirmed that they had received complaints from the music association and that there was need to discuss the issue.
"It's not clear how the prosecutors concerned are failing to read Chapter 59 which clearly creates offences," the official who declined to be named said, adding that the music organisation was a legitimate body that represents the artistes.
"We are under obligation to teach our subject stakeholders to be aware of what constitutes violation of copyright. But we do not have the resources of marshalling workshops," the official said.
Piracy in Zimbabwe has reached record levels with pre-released albums being hit. Oliver Mtukudzi and Alick Macheso's albums that were recorded in South Africa and are yet to be released in Zimbabwe have already flooded the market.
In its statement to the International Federation of Phonographic Industries, an organisation that represents the interests of recording companies world-wide, APOZ states that between January and June this year 13 842 pirated DVDs were seized.
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