Rights Holders’ Associations have petitioned the Ministry of Youth, Sports and Culture expressing concerns over the reconstitution of the Copyright Society of Malawi (Cosoma) Board.
In the petition, the associations say they are concerned with developments surrounding the reconstitution of the Cosoma Board which has generated widespread uncertainty within the creative sector due to questions of legal compliance, process and institutional governance under the Copyright Act.
The body says it is motivated by the need to safeguard Cosoma’s legitimacy, stability and credibility as a statutory collective management organisation entrusted with administering creators’ rights.
Reads the petition in part: “In substance, the Act provides that: Cosoma shall be governed by a board whose members are nominated by the General Assembly of the Society, representing various categories of rights holders and the minister shall appoint the chairperson of the board from among the members so nominated.”
The rights holders further observe that concerns regarding irregular board appointment processes are not new as similar governance challenges were raised in the past, resulting in contested appointments and subsequent corrective action.
“The recurrence of such issues creates uncertainty and undermines trust in Cosoma’s governace structures. It is, therefore, imperative that lessons from previous experiences be applied to ensure that Cosoma operates strictly within the law,” it says.
The member associations have further pleaded with the ministry to review and where necessary, suspend the current reconstitution process to allow for verification of legal compliance, ensure that Cosoma’s board is constituted strictly in accordance with Section 7 of the Copyright Act .
Speaking in an interview yesterday, Rights Holders’ Associations coordinator Richard Muphuwa said: “We expect the ministry to do the right thing by taking up the matter with the appointing authority and correct the mistakes to constitute the Cosoma Board.”
The ministry’s spokesperson McMillan Mwale confirmed receipt of the petition and that measures will be taken to address the issues.
He said: “We are in receipt of the letter, but I will need more time to provide a proper response since there has been a change of ministers and the principal secretary has also been away.”
The petition is signed by 13 member associations under the Rights Holders’ body and has also been copied to the secretary for youth and culture, comptroller of statutory corporations and Cosoma executive director.
Dust has refused to settle at Cosoma following the decision by government to remove filmmaker Eziuas Mkandawire and musician Debbie Ntopa from the board two weeks after their appointment.
Another board member Bishop Chimwemwe Chafumuka turned down his appointment from the board, citing unhealthy environment following Mkandawire’s removal.
