Audio-Visual Co-production Agreement Between South Africa and Kenya
South Africa and Kenya signed an Audio-Visual Co-production Agreement aimed at enhancing cultural relations and collaboration in the audio-visual industry. The agreement, signed in Nairobi, outlines a validity period and termination process, emphasizing a commitment to mutual projects. Diplomatic relations between the two countries have seen various cultural exchanges and collaborations over the years, strengthening ties and promoting artistic talent.
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DSAC BRIEFINGS TO THE PORTFOLIO COMMITTEE ON SPORT, ARTS AND CULTURE Agreement between the Government of the Republic of South Africa and the Government of the Republic of Kenya on Audio-Visual Co-production; Presented by: Acting Director-General
TITLE OF THE AGREEMENTS Agreement Between the Government of the Republic of South Africa and the Government of the Republic of Kenya on Audio-Visual Co-production
DATE OF SIGNING, ENTRY INTO FORCE & PLACE OF SIGNATURE Date of Signing: Signed 09 November 2022 Place of Signature: Nairobi, Kenya Entry into Force: Upon ratification by the two countries.
VALIDITY PERIOD & DATE OF TERMINATION Agreement between the Government of the Republic of South Africa and the Government of the Republic of Kenya on Audio-Visual Co-production. Validity Period: Date of Termination: This Agreement shall remain in force for a period of five (2) years, whereafter it shall be automatically renewed for a further period of one (1) year, unless terminated in accordance with sub-Article (3). This Agreement may be terminated by either Party by giving three (3) months written notice in advance to the Other Party, through the diplomatic channel, of its intention to terminate this Agreement. The termination of this Agreement shall not affect the completion of any project undertaken by the Parties prior to the termination including the rights and duties of the Parties in relation to audio-visual co-productions, unless otherwise agreed upon in writing by the Parties
DIPLOMATIC RELATIONS BETWEEN SOUTH AFRICA AND KENYA South Africa and Kenya re-established official relations in 1992 after a break of 29 years. The South African Mission, originally started during November 1991, was accorded diplomatic privileges and immunities on 8 May 1992. Relations were upgraded to full diplomatic status on 12 April 1994. Although there is no signed cultural agreement between South Africa and Kenya, Kenya participated during the DAC Fashion Seminar at the Fashion Week held in 2007 in South Africa and also presented a paper during the same occasion. In 2010, the DAC hosted a delegation from the Kenyan Ministry of State for National Heritage and Culture on 15-22 March to benchmark the study in Libraries and Information Services in South Africa which led to the two National Libraries signing a MoU in 2011. In 2018, the Department hosted the South African Cultural Seasons in Kenya on 25 February 2 March. This presented an opportunity to engage Kenya on meaningful collaborations through a showcase of artistic talent in dance, films, craft and design, music performances and visual arts.
BACKGROUND Kenya has been identified as a strategic partner to South Africa, particularly given its geo-political position within the East African region and its relative economic size and importance for trade and investments opportunities for South Africa. Kenya also presents an excellent access to South Africa s Culture and Creative Industry products to the lucrative East African Market. In line with this, the Department of Sport, Arts and Culture have led negotiations of the following Agreements over the years: a. Memorandum of Understanding in fields of Arts and Culture (Non- legally binding). b. Agreement on Audio-visual Co Production c. Agreement on cooperation in the fields of Sport and Recreation The purpose of these Agreements is to consolidate, broaden and strengthen the friendly ties and reciprocal understanding between the two countries.
BACKGROUND CONT. All three Agreements were ready for signature during the State Visit to Nairobi Kenya early in November 2022, however, the MOU on arts and culture and Agreement on Sports and Recreation were not signed due to re-configuration of Departments following Kenya National Elections. The Audio-visual Co-Production was the only Agreement that was signed on 9 November 2022. This instrument provides an opportunity for an effective co-production landscape that enhances opportunities for the sector growth by opening up streams of international finance, skills transfer, removal of audio-visual trade barriers, and the economic growth of the industries of distribution and production of film, television, video and new media works between the two countries.
AREAS OF COOPERATION The parties undertake to cooperate and participate in the Co-production of Audiovisual Materials;
STATUS ON THE SOUTH AFRICA-KENYA AUDIO-VISUAL AGREEMENT The Office of the Chief State Law Advisor (International Law) has classified this International Agreement as those that fall within the ambit of Section 231 (3) of the Constitution of the Republic of South Africa, 1996 and would thus need to be tabled before the two houses of Parliament before coming into force. In the efforts to comply with the Constitutional provision, the Department of Sport, Arts and Culture undertook the following: The Audio-visual Co-production Agreement was tabled in the National Assembly and the National Council of Provinces on 28 November 2022. The Department sent a Note Verbale to Kenya via diplomatic channels that it has fulfilled its constitutional mandate to bring the Agreement into force.
STATUS ON THE SOUTH AFRICA-KENYA AGREEMENTS CONT. In order to the Agreement to fully come into force in both countries, the Kenya counterpart needs to undertake a similar process and send a Note to South Africa and confirm that they too have met with domestic obligations to bring the Agreement into force. This means that the date of the entry into force would be the date of the last notification which is still outstanding from Kenya. The Department has through DIRCO followed up on this notification on several occasions with no response. The implications are that this Agreement is not in force yet and thus cannot be implemented by the implementing authority on the South African side being the National Film and Video Foundation. The Department continues to follow-up with Kenya via DIRCO.
COST IMPLICATIONS All programmes of the events held for the purpose of these Agreement will be coordinated by the parties in advance, subject to conditions relating to finance stipulated in the Agreement.
