Urgent application filed against president Ramaphosa over copyright amendment bill

SECTION 27, representing Blind SA, has filed an urgent application in the Constitutional Court against President Cyril Ramaphosa for failing to sign the Copyright Amendment Bill (CAB).

This comes after Parliament passed the Bill earlier this year, aimed at addressing the rights of blind and visually impaired persons. However, the President has yet to sign it, despite a court-ordered deadline of 21 September 2024.

In a previous case in 2022, the Constitutional Court ruled the Copyright Act unconstitutional as it restricted blind persons from accessing reading materials. The Act required the consent of copyright holders before books could be converted into formats such as braille or large print. Parliament was given two years to amend the law.

SECTION27 stated that "despite the Constitutional Court ruling in our favour, there is now a legal gap that continues to deny access to necessary reading materials."

Blind SA is particularly concerned about South Africa's inability to join the Marrakesh Treaty, which facilitates cross-border sharing of accessible reading materials. “Without an express exception in the Copyright Act, blind and visually impaired persons are being deprived of thousands of titles that could be made accessible,” SECTION27 explained.

Parliament has completed its obligations, approving the CAB in February 2023. However, with the President failing to sign the Bill, Blind SA has argued that this inaction has significant consequences.

The application states: “The President has failed in his duty to act diligently and without delay.”

Blind SA is seeking an urgent order to compel President Ramaphosa to sign the CAB within ten days or, alternatively, to reinstate the previous interim court-ordered copyright exception.

SECTION27 says it awaits directions from the Constitutional Court as the struggle for accessible reading materials continues.

The Mercury