Ramaphosa refers Copyright Bill for visually impaired to ConCourt

President Cyril Ramaphosa has referred a bill that could make published work more accessible for the blind or visually impaired to the Constitutional Court

In a statement on Tuesday, the Presidency confirmed that Ramaphosa referred the Copyright Amendment Bill (CAB) and Performers’ Protection Amendment Bill to the apex court for a ruling on their constitutionality.

“President Ramaphosa has indicated to the Constitutional Court his reservations about provisions in the legislation originally drafted and reconsidered by Parliament and has, as a result, requested the apex court for a decision,” the Presidency spokesperson Vincent Magwenya said.

Copyright Bill referred to ConCourt

Two years ago, on 21 September 2022, the apex court declared the Copyright Act unconstitutional to the extent that it limited access to reading materials for persons who are blind and visually impaired.

The act mandated that blind or visually impaired people first acquire permission from the copyright holder before converting books and other published works into readable formats like braille or large print.

After that, Parliament took steps to fix the defects in the act through draft legislation called the Copyright Amendment Bill.

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In February, both houses of Parliament approved the bill and sent it to the president for signature, but it has not been signed to date.

This is much to the disappointment of organisations that represent the blind and visually impaired.

Section 27, representing Blind SA, has gone as far as launching an urgent application, also with the Constitutional Court, against Ramaphosa for failing to sign the bill.

Application against Ramaphosa

“Through this application, Blind SA submits that the president has failed in his duty to act diligently and without delay in terms of signing the CAB,” Section 27 and Blind SA said in a joint statement last week.

“Blind SA therefore seeks a mandatory order against the President to sign the CAB within ten days of obtaining an order, alternatively, that the Copyright Act is deemed to include the previous court-ordered exception to copyright.”

The organisations said Parliament took the necessary step to comply with the court order, and therefore it is important that Ramaphosa be compelled to take the next step.

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