Blind SA awaits ConCourt judgment on Copyright Act

JOHANNESBURG - The Constitutional Court is on Thursday set to hand down judgment on a potentially game-changing case for people with visual and print disabilities in South Africa.

Under the apartheid-era Copyright Act, it’s near impossible for most people with visual and print disabilities in the country to access published works in, for example, braille, without risking breaking the law.

But last year, Blind SA, represented by public interest law centre Section27, went to court to challenge the act.

The High Court’s already ruled in their favour but it’s now up to the Constitutional Court to confirm the order that was handed down.

Introduced in 2018, the Copyright Act Amendment Bill allows people with disabilities to legally make accessible format copies of published works without the copyright owner's authorisation.

But it’s now been five years since the bill was first introduced, and it’s still before the National Assembly, with enactment delayed as a result of controversy around some of its other provisions.

And so Blind SA wants the courts to read the uncontroversial provisions for people with visual and print disabilities, in the meantime.

Last December, the Johannesburg High Court ruled in Blind SA's favour.

But the High Court's order still has to be confirmed by the Constitutional Court before it’s of any force or effect.

It came before the Constitutional Court for hearing in May and was not opposed by any of the respondents, which include the ministers of Trade and Industry and of International Relations as well as the Speaker of the National Assembly, the National Council of Provinces and the president.

And today, the court is expected to hand down its judgment.