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Constitutional Law7 May 2025

Blind SA's second copyright win: courts can rewrite a law when Parliament stalls

Blind SA v President of the Republic of South Africa and OthersConstitutional Court · (CCT 300/24) [2025] ZACC 9

#disability rights#copyright#accessibility

What happened

In Blind SA I (2022), the Copyright Act was found unconstitutional for failing to let accessible-format copies (Braille, audio, large print) be made for disabled people. This follow-up judgment addressed the remedy while Parliament's Copyright Amendment Bill remains unpassed, reading a new s19D into the Act.

Why it made the news

A rare case of disability rights driving copyright law, closely watched by publishers, educators and disability-rights organisations.

For lawyers & law students

Confirms that where a constitutional defect in legislation persists because Parliament has not acted, courts may read in a remedial provision rather than simply suspend the declaration of invalidity indefinitely — a notable extension of remedial technique beyond the more cautious approach in some earlier reading-in cases.

For citizens

Blind and print-disabled South Africans, and the organisations that support them, can lawfully convert books and study material into accessible formats without risking copyright liability.

Source: infojustice.org case summary; judgment via SAFLII. Case Watch is legal information and commentary, not legal advice — judgments can be appealed or overturned after publication, so check the source for the current status before relying on this.