Online Reporter
Trust Khosa – Zimpapers Arts and Entertainment Hub
The Zimbabwe Music Rights Association (Zimura) has firmly rejected a directive from the National Arts Council of Zimbabwe (NACZ) to register as an arts association. This defiance stems from an ongoing dispute over Zimura’s operational framework and its recent imposition of a US$150 fee on cover bands.
The controversy erupted earlier this year when Zimura introduced the tariff, prompting widespread debate and a stakeholders’ meeting aimed at resolving the matter. However, on Friday, March 28, Zimura issued a public notice reaffirming its stance. The statement warned cover bands and event organisers that performing copyrighted music without a valid license constitutes a violation of the Copyright and Neighbouring Rights Act (Chapter 26:05).
“Effective immediately, all performers and organisers must obtain the necessary licenses before staging any event featuring protected musical works,” Zimura stated.
The organisation further announced nationwide monitoring efforts in collaboration with law enforcement, threatening legal action against violators.
In response, NACZ director Napoleon Nyanhi issued a statement on Monday, March 31, directing Zimura to suspend the $150 tariff on bands pending further registration, dialogue, and negotiation processes.
Additionally, NACZ called for Zimura to regularise its registration under national arts regulations.
“The Zimbabwe Music Rights Association should register with the NACZ as an arts association, in line with the National Arts Council of Zimbabwe Act (Chapter 25:07), read in conjunction with Section 4 of Statutory Instrument 87 of 2006,” Nyanhi said.
However, Zimura swiftly dismissed this directive, asserting that it is not legally obligated to register with NACZ.
“In response to the assertion that Zimura must register with NACZ, we would like to clarify our legal standing and regulatory framework. Zimura operates within the provisions of the law and is duly registered under the appropriate statutes governing copyright and intellectual property rights in Zimbabwe,” the association declared in a statement.
The Zimura board further said there is no legal requirement for it to register with NACZ.
“Zimura is registered as a private entity without the term ‘Limited,’ as it is a non-profit organisation governed by the Companies and Other Business Entities Act [Chapter 24:31]. Zimura holds a valid certificate of incorporation.
“Additionally, Zimura is legally recognised as a Collecting Society under the Copyright and Neighbouring Rights Act [Chapter 26:05]. Contrary to common belief, Zimura is not classified as an ‘Arts Association’, despite its name.”
The board concluded by stating that no regulation requires Zimura to register under two separate Acts of Parliament.
Despite Zimura’s defiance, NACZ remains firm in its position.
“We appeal for restraint, civility, and patience on social media and in all engagements while we strive to protect musicians’ intellectual property, ensure fair use, and guarantee proper compensation from users,” Nyanhi said.
With both parties holding their ground, the dispute over Zimura’s regulatory status and its licensing fees remains unresolved.
