I have been advised by the department as follows:
There are two reasons why the SABC applies clause 7.2.2
a) The SABC is not forced to (or must) negotiate a lump sum in terms of clause 7.2.1. It is merely an option available to the SABC. The SABC therefore prefers to opt for clause 7.2.2 which refers to the 2% profit share.
b) It also becomes practically impossible and a protracted process to negotiate individually with the performers once the SABC has commercialized a production. Therefore, the implementation of clause 7.2.2 is applicable, see below.
MS. STELLA NDABENI-ABRAHAMS
MINISTER