Monday 17 February

SECTION27, representing Blind SA, has launched an urgent application in the Constitutional Court against President Cyril Ramaphosa for failing to sign the Copyright Amendment Bill (CAB). This follows two years after the Constitutional Court handed down judgment in a matter also brought by Blind SA, challenging the constitutionality of the Copyright Act for infringing on the rights of blind and visually impaired persons.

On 21 September 2022, the Constitutional Court declared the Copyright Act unconstitutional to the extent that it limited access to reading materials for persons who are blind and visually impaired. In particular, the Act required persons who are blind or visually impaired to obtain the consent of the copyright holder before being able to convert books and other published works into formats they can read, such as braille or large print. The court ruled in favour of Blind SA and ordered Parliament to amend the Copyright Act by 21 September 2024, to ensure the rights of blind or visually impaired persons and their access to books in accessible formats. In addition, the court crafted an exception to copyright for persons who are blind and visually impaired, which was to be immediately read into the Act as an interim remedy while Parliament did its work.

Since then, Parliament has taken the steps necessary to fix the defects in the Act through draft legislation called the Copyright Amendment Bill, which contains exceptions to copyright for persons with disabilities. In fact, on 29 February this year, both Houses of Parliament approved the CAB and sent it to the President for signature. However, to date, the CAB has not been signed.

Unfortunately, the court-ordered deadline expired on Saturday, 21 September 2024, and there are serious consequences. First, there is now a gap in the law in terms of how materials can be converted into a different format that persons who are blind and visually impaired can read, like braille. In addition, without an express exception in the Copyright Act, South Africa cannot join the Marrakesh Treaty, which will allow persons who are blind or visually impaired in South Africa to engage in cross-border exchange and will make hundreds and thousands of titles accessible formats available.

Through this application, Blind SA submits that the President has failed in his duty to act diligently and without delay in terms of signing the CAB. Blind SA therefore seeks a mandatory order against the President to sign the CAB within ten days of obtaining an order, alternatively, that the Copyright Act is deemed to include the previous court-ordered exception to copyright.

Without the enactment of the CAB, the severe shortage of accessible reading materials in South Africa will continue, as will the ongoing violations of the rights of persons who are blind or visually impaired. Parliament has taken the steps necessary to comply with the court order, and it is therefore critical that the President now be compelled to take the next step.  

SECTION27 awaits directions from the Constitutional Court.

For media queries contact:

Gillian Pillay   |  pillay@section27.org.za  | 082 772 0052


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