Blind SA v President of the Republic of South Africa and Others (Blind SA II)
Case: Blind SA v President of Republic of South Africa (CCT300/24)
Court: Constitutional Court of South Africa
Date of hearing: 28 November 2024
Status: Ongoing
Last updated: 22 November 2024
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Case overview: On 21 September 2022, in Blind SA I the Constitutional Court held that the certain provisions of the Copyright Act 98 of 1978 unreasonably and unjustifiably limit the rights of persons with visual and print disabilities to equality, human dignity, basic and further education, freedom of expression, and participation in the cultural life of one’s choice. The Court declared these sections unconstitutional, suspended the declaration of invalidity for 24 months, and read-in a new section 13A to ensure that persons with visual and print disabilities have access to literary works while Parliament remedies the defects in the Copyright Act.
On 29 February 2024, Parliament, within the prescribed timeframe set out in Blind SA I, passed a revised version of the Copyright Amendment Bill [B 13F- 2017] (“the CAB”). This version introduces section 19D which, in effect, cures the defects found by the Constitutional Court. The CAB was sent to the President for a decision in terms of section 79(4) of the Constitution. By 21 September 2024, the prescribed timeframe set out in Blind SA I expired, no decision had been reached by the President, and the inclusion of section 13A in the Copyright Act was no longer in effect.
This prompted the present application by Blind SA, represented by SECTION27, who now seek to resuscitate section 13A from the order in Blind SA I and to keep it in place for as long as it takes to enact the legislation that cures the constitutional defects.
The President, Parliament, and the Minster of Trade, Industry and Commerce do not oppose this relief.
Media Monitoring Africa (MMA), represented by Power & Associates, was admitted as amicus curiae on 20 November 2024, and filed written submissions on 22 November 2024.
MMA’s submissions focus on the narrow question of remedy and the importance of the continued reading-in of section 13A. MMA’s submissions:
- Detail the factors which empower the Court to grant supplementary just and equitable relief;
- Highlight the “constitutional responsibility” to grant the supplementary relief; and
- Suggest a practical consider for the effective implementation of the supplementary relief, should it be granted.
Michael Power and Tina Power, supported by Christy Chitengu and Claire Dehosse, are on brief in this matter.
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Court papers:
- MMA’s written submissions (22 November 2024)
- Constitutional Court order admitting MMA as an amicus curiae (20 November 2024)
- Blind SA’s written submissions (6 November 2024)
- The President’s written submissions (13 November 2024)
- The Minister of Trade, Industry and Commerce written submissions (13 November 2024)
Attorneys:
