Ah, I see, we are dealing with “sound recordings” which is not “musical works”. Interestingly, section 17 says:

“””
17 General exceptions regarding protection of sound recordings

The provisions of section 12 (1) (b) and (c), (2), (3), (4), (5), (12) and (13) shall mutatis mutandis apply with reference to sound recordings.
“””
Which does not include 12 (1) (a). O_o

Tragic.

By the way, I posted the same comment on the digg article (http://digg.com/politics/Listening_to_music_on_your_ipod_is_illegal_in_South_Africa), would you mind replying there as well?