The Constitutional Court has ruled that sections of the Copyright Act are unconstitutional and given Parliament 24 months to fix it.
The court has also given Parliament 24 months to cure the “unconstitutional” defects in the Copyright Act. In May, the court heard argument in the application launched by Blind SA, represented by SECTION27, against the Minister of Trade, Industry and Competition.Blind SA’s advocate Jonathan Berger argued during the hearing that an amendment bill, which would exempt visually impaired people from its provisions, had been “held hostage” to a lengthy legislative process.
While giving Parliament 24 months to “cure the defect” in the Act, the Constitutional Court ruled that in the meantime certain exceptions would apply to those affected. Those affected included government institutions and non-profit companies which provide education and training, and caregivers. The court ruled that they must have access to written works in an accessible format without prior authorisation.
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