Finding that South Africa’s Copyright Act violated the constitutional rights of persons with visual and print disabilities, South Africa’s Constitutional Court granted urgent relief by reading-in a piece of legislation that Parliament passed but was not signed by the President. This legislation makes it possible for people with disabilities to produce accessible copies of copyrighted materials without seeking permission from copyright owners.
The reading-in of “clause 19D” leaves no doubt that authorial consent is not required for the creation of accessible copies of copyrighted materials. Further, it comports with the requirements of the floor provided by the Marrakesh VIP Treaty, where persons in South Africa who access global libraries such as “Bookshare” are not liable under South Africa’s Copyright Act 98 of 1978.
Blind SA has been advocating for exceptions in South Africa’s copyright legislation for 20 years. Their May 2025 success in the Constitutional Court is heralded as a landmark victory that will permit persons with visual and print disabilities to better access copyrighted material. Blind SA affirms that this access will support education and enable persons with visual and print disabilities to better participate in the South African society as a whole. Further, the Constitutional Court’s decision to read-in “clause 19D” makes South Africa’s copyright legislation compatible with the Marrakesh VIP Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired, or Otherwise Print Disabled. Although South Africa has not yet signed on to the Marrakesh VIP Treaty, the reading-in of “clause 19D” satisfies one of the necessary conditions for South Africa’s accession to the treaty by aligning its legislation with the treaty’s requirements. However, critics of the decision note that the “reading-in” remedy creates a legal uncertainty around the validity of key sections of the Copyright Act and of the reform itself. See Blind SA ruling creates anomaly.
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