Blind SA, represented by SECTION27, instituted litigation in the Gauteng Division of the High Court, Pretoria challenging the decision of Minister of Trade, Industry and Competition’s (DTIC), Mpho Parks Tau, to put South Africa’s ratification of the Marrakesh Visually Impaired Persons (VIP) Treaty on hold pending the enactment of the Copyright Amendment Bill (CAB). The Minister’s decision leaves access to international digital libraries in limbo, despite a Constitutional Court order providing for key copyright exceptions. Blind SA argues that the Minister’s decision is based on a misinterpretation of the law and has severe consequences for blind and visually impaired people.
The Marrakesh VIP Treaty facilitates cross-border access to published works for people who are blind or visually impaired. Only 1–7% of all published works are available in accessible formats, such as braille or large print. Once South Africa accedes to the Marrakesh VIP Treaty, it will open up access to digital libraries across the world. However, for a person in one country to access a title in a digital library in another, both countries must be party to the Marrakesh VIP Treaty. Some of the largest digital libraries are based in the United States of America, which has signed and ratified the agreement; South Africa has not.
South Africa has expressed its intention to accede to the Marrakesh Treaty since its adoption by the World Intellectual Property Organization (WIPO) on 27 June 2013. The Minister, on advice from the Department of International Relations and Cooperation and the Department of Justice and Constitutional Development, maintains that South Africa cannot lawfully accede to the treaty until legislation amending the Copyright Act has been enacted.
Blind SA argues that the Constitutional Court ruling in Blind SA v President of the Republic of South Africa on 7 May 2025 makes it possible for the accession of the Marrakesh Treaty.
The order read section 19D into the Copyright Act. Section 19D provides for specified copyright exceptions, including provisions that facilitate access to accessible-format copies and their cross-border exchange in accordance with the Marrakesh VIP Treaty. It also balances accessibility requirements with copyright protections through specific attribution requirements and safeguards against misuse, particularly in international transfers. The order clearly provides that section 19D shall remain in effect until the CAB comes into force.
Blind SA’s position is that this order has already addressed the relevant legal barriers and that the Minister’s decision to delay accession is therefore based on an incorrect interpretation of the law. Blind SA calls on the Minister to develop a reasonable plan to ensure that the Marrakesh VIP Treaty is tabled in Parliament, take reasonable steps to implement the plan within a reasonable period, and provide Blind SA with a copy of the plan, together with regular updates on its implementation.
While the state delays the accession of the Treaty, millions of people with disabilities continue to be left on the fringes of society. The case seeks to remove barriers, create opportunities and enable members of the blind community to live the lives they choose. Blind SA calls on the Minister of the DTIC to take the necessary steps to accede to the Marrakesh VIP Treaty without further delay.
For media enquiries contact:
Zandile Maramnco | marketing@blindsa.org.za | 060 976 8435
Gillian Pillay | pillay@section27.org.za | 082 772 0052
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