In 2022 the High Court declared the Copyright Act of 1978 unconstitutional following a successful challenge by Blind SA, together with the legal assistance of Section 27. Blind SA contended that the current Copyright Act limits the availability of works in formats that are accessible to persons with print and visual disabilities given that, in terms of the Act, the consent of the copyright owner to convert works into formats suitable for the use of persons with print and visual disabilities, is required.
The Constitutional Court ruled in favour of Blind SA, and ordered Parliament to amend the Act by 21 September 2024. The Copyright Amendment Bill that purportedly seeks to address the unconstitutional elements of the current Copyright Act, amongst other stated goals, was approved by the House of Parliament in February this year, despite various groups continuing to lobby for further revisions, and sent to the President for assent and signature.
President Ramaphosa has however, not yet signed the Bill and the Constitutional Court deadline of 21 September 2024 has now passed. Blind SA has accordingly filed an urgent application in the Constitutional Court against President Cyril Ramaphosa for failing to sign the Copyright Amendment Bill. In terms of the urgent application, Blind SA has requested that the Court order President Ramaphosa to sign the Copyright Amendment Bill within 10 days of the successful order, or alternatively, that the Copyright Act be deemed to include the previously court-ordered exception on the format conversion issue.
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