Blind SA v President of the Republic of South Africa and Others (CCT 300/24) [2025] ZACC 9 (7 May 2025)

Case Note

Blind SA v President of the Republic of South Africa and Others
CCT 300/24
Neutral citation: [2025] ZACC 9
Date: 7 May 2025

Reportability

This case is reportable due to its significant implications for the rights of persons with visual and print disabilities in South Africa. The Constitutional Court addressed the urgent need for legislative reform in the Copyright Act 98 of 1978, particularly concerning access to copyrighted materials for individuals with disabilities. The court's decision to issue a reading-in order demonstrates its commitment to ensuring that the rights of vulnerable groups are protected while awaiting legislative amendments.

Cases Cited

The judgment references several key cases, including: - Minister of Home Affairs v Fourie
- S v Makwanyane
- National Coalition for Gay and Lesbian Equality v Minister of Justice

Legislation Cited

The primary legislation cited in this judgment includes: - Copyright Act 98 of 1978

Rules of Court Cited

No specific rules of court were cited in the judgment.

HEADNOTE

Summary

The Constitutional Court granted direct access to Blind SA, an organization advocating for the rights of visually impaired individuals, to address the constitutional defects in the Copyright Act 98 of 1978. The court issued an interim order that included a reading-in of section 19D, allowing for the creation and distribution of accessible format copies of copyrighted works for persons with disabilities. This order aims to protect the rights of individuals with visual impairments while the legislature works on permanent reforms.

Key Issues

The key legal issues addressed in this case include: - The constitutionality of the existing provisions of the Copyright Act concerning accessibility for persons with disabilities. - The need for urgent relief to ensure that individuals with visual impairments can access copyrighted materials.

Held

The court held that the existing provisions of the Copyright Act were inadequate in protecting the rights of persons with disabilities. It granted an interim order that included a reading-in of section 19D, which allows for the creation of accessible format copies of works without the authorization of copyright owners, provided certain conditions are met.

THE FACTS

Blind SA, representing the interests of visually impaired individuals, approached the Constitutional Court seeking urgent relief regarding the Copyright Act 98 of 1978. The organization argued that the Act did not adequately provide for the needs of persons with disabilities, particularly in accessing literary works. The court had previously issued an interim order on 13 December 2024, which included provisions for accessible format copies, pending a final determination of the matter.

THE ISSUES

The court was tasked with deciding whether the existing provisions of the Copyright Act were unconstitutional in their failure to provide adequate access to copyrighted materials for persons with disabilities. Additionally, the court needed to determine the appropriate interim measures to protect the rights of these individuals while awaiting legislative reform.

ANALYSIS

In its analysis, the court emphasized the importance of accessibility for persons with disabilities as a fundamental right. It recognized that the existing Copyright Act failed to consider the unique challenges faced by individuals with visual impairments. The court's reasoning highlighted the need for a balance between the rights of copyright owners and the rights of persons with disabilities. The reading-in of section 19D was deemed necessary to ensure that individuals with disabilities could access works in a manner that respects their dignity and rights.

REMEDY

The court granted direct access to Blind SA and issued an interim order that included a reading-in of section 19D to the Copyright Act. This provision allows authorized entities to create and distribute accessible format copies of copyrighted works for persons with disabilities without the need for authorization from copyright owners. The order is to remain in effect until the legislature enacts permanent reforms to the Copyright Act.

LEGAL PRINCIPLES

The key legal principles established in this case include: - The recognition of the right to access information and materials as a fundamental aspect of human dignity. - The necessity of legislative reform to ensure that copyright laws accommodate the needs of persons with disabilities. - The court's authority to issue reading-in orders to remedy constitutional defects in existing legislation.