Close Menu
TechCentralTechCentral

    Subscribe to the newsletter

    Get the best South African technology news and analysis delivered to your e-mail inbox every morning.

    Facebook X (Twitter) YouTube LinkedIn
    WhatsApp Facebook X (Twitter) LinkedIn YouTube
    TechCentralTechCentral
    • News
      Vuyani Jarana: Mobile coverage masks a deeper broadband failure

      Vuyani Jarana: Mobile coverage masks a deeper broadband failure

      30 January 2026
      SABC Plus to flight Microsoft AI training videos

      SABC Plus to flight Microsoft AI training videos

      30 January 2026
      Fibre ducts

      Fibre industry consolidation in KZN

      30 January 2026
      Watts & Wheels S1E3: 'BYD's Corolla Cross challenger'

      Watts & Wheels S1E3: ‘BYD’s Corolla Cross challenger’

      30 January 2026
      What ordinary South Africans really think of AI

      What ordinary South Africans really think of AI

      30 January 2026
    • World
      Apple acquires audio AI start-up Q.ai

      Apple acquires audio AI start-up Q.ai

      30 January 2026
      SpaceX IPO may be largest in history

      SpaceX IPO may be largest in history

      28 January 2026
      Nvidia throws AI at the weather

      Nvidia throws AI at weather forecasting

      27 January 2026
      Debate erupts over value of in-flight Wi-Fi

      Debate erupts over value of in-flight Wi-Fi

      26 January 2026
      Intel takes another hit - Intel CEO Lip-Bu Tan. Laure Andrillon/Reuters

      Intel takes another hit

      23 January 2026
    • In-depth
      How liberalisation is rewiring South Africa's power sector

      How liberalisation is rewiring South Africa’s power sector

      21 January 2026
      The top-performing South African tech shares of 2025

      The top-performing South African tech shares of 2025

      12 January 2026
      Digital authoritarianism grows as African states normalise internet blackouts

      Digital authoritarianism grows as African states normalise internet blackouts

      19 December 2025
      TechCentral's South African Newsmakers of 2025

      TechCentral’s South African Newsmakers of 2025

      18 December 2025
      Black Friday goes digital in South Africa as online spending surges to record high

      Black Friday goes digital in South Africa as online spending surges to record high

      4 December 2025
    • TCS
      TCS+ | How Cloud On Demand is helping SA businesses succeed in the cloud - Xhenia Rhode, Dion Kalicharan

      TCS+ | Cloud On Demand and Consnet: inside a real-world AWS partner success story

      30 January 2026
      Watts & Wheels S1E3: 'BYD's Corolla Cross challenger'

      Watts & Wheels S1E2: ‘China attacks, BMW digs in, Toyota’s sublime supercar’

      23 January 2026

      TCS+ | Why cybersecurity is becoming a competitive advantage for SA businesses

      20 January 2026
      Watts & Wheels S1E3: 'BYD's Corolla Cross challenger'

      Watts & Wheels: S1E1 – ‘William, Prince of Wheels’

      8 January 2026
      TCS+ | Africa's digital transformation - unlocking AI through cloud and culture - Cliff de Wit Accelera Digital Group

      TCS+ | Cloud without culture won’t deliver AI: Accelera’s Cliff de Wit

      12 December 2025
    • Opinion
      South Africa's skills advantage is being overlooked at home - Richard Firth

      South Africa’s skills advantage is being overlooked at home

      29 January 2026
      Why Elon Musk's Starlink is a 'hard no' for me - Songezo Zibi

      Why Elon Musk’s Starlink is a ‘hard no’ for me

      26 January 2026
      South Africa's new fibre broadband battle - Duncan McLeod

      South Africa’s new fibre broadband battle

      20 January 2026
      AI moves from pilots to production in South African companies - Nazia Pillay SAP

      AI moves from pilots to production in South African companies

      20 January 2026
      South Africa's new fibre broadband battle - Duncan McLeod

      ANC’s attack on Solly Malatsi shows how BEE dogma trumps economic reality

      14 December 2025
    • Company Hubs
      • Africa Data Centres
      • AfriGIS
      • Altron Digital Business
      • Altron Document Solutions
      • Altron Group
      • Arctic Wolf
      • AvertITD
      • Braintree
      • CallMiner
      • CambriLearn
      • CYBER1 Solutions
      • Digicloud Africa
      • Digimune
      • Domains.co.za
      • ESET
      • Euphoria Telecom
      • Incredible Business
      • iONLINE
      • IQbusiness
      • Iris Network Systems
      • LSD Open
      • NEC XON
      • Netstar
      • Network Platforms
      • Next DLP
      • Ovations
      • Paracon
      • Paratus
      • Q-KON
      • SevenC
      • SkyWire
      • Solid8 Technologies
      • Telit Cinterion
      • Tenable
      • Vertiv
      • Videri Digital
      • Vodacom Business
      • Wipro
      • Workday
      • XLink
    • Sections
      • AI and machine learning
      • Banking
      • Broadcasting and Media
      • Cloud services
      • Contact centres and CX
      • Cryptocurrencies
      • Education and skills
      • Electronics and hardware
      • Energy and sustainability
      • Enterprise software
      • Financial services
      • Information security
      • Internet and connectivity
      • Internet of Things
      • Investment
      • IT services
      • Lifestyle
      • Motoring
      • Public sector
      • Retail and e-commerce
      • Satellite communications
      • Science
      • SMEs and start-ups
      • Social media
      • Talent and leadership
      • Telecoms
    • Events
    • Advertise
    TechCentralTechCentral
    Home » News » Showdown over copyright bill at constitutional court

    Showdown over copyright bill at constitutional court

    The court will hear two applications relating to copyright and the rights of blind people to convert works into accessible formats.
    By Tania Broughton24 October 2024
    Twitter LinkedIn Facebook WhatsApp Email Telegram Copy Link
    News Alerts
    WhatsApp

    Showdown over copyright bill at constitutional courtThe constitutional court will in November hear two applications relating to copyright in South Africa and, in particular, the rights of blind and visually impaired people to convert copyright-protected works into accessible formats.

    The apex court issued directions on Wednesday, setting out tight timeframes for the filing of papers in the two matters.

    One is an urgent application by Blind SA. The other is a direct referral by President Cyril Ramaphosa of the Copyright Amendment Bill in which he raises concerns about possible constitutional contraventions in the draft legislation.

    The chief justice has directed that the two applications be consolidated and will be heard on 28 November

    In its application, Blind SA claimed that Ramaphosa shirked his constitutional obligations by not signing the bill, which would give access to blind and visually impaired people, without consent, to protected material. As one of its orders, it wanted the court to direct the president to sign the bill.

    However, three weeks after the application was served on the presidency, his office issued a statement that the bill had been referred to the constitutional court.

    In a further affidavit, Zeenat Sujee, attorney at Section27, which is representing Blind SA, said the blind and visually impaired provisions in the bill do not form part of the president’s referral. “And yet their coming into force is held hostage by the referral process,” Sujee said.

    She said it was no longer open for Blind SA to pursue an order directing the president to sign the bill within 10 days of the court’s order and that had been abandoned.

    ‘Acted unlawfully’

    It could also not pursue a declarator, on an urgent basis, that he had shirked his constitutional duties “although Blind SA remains concerned about the president’s conduct and is still of the view that he acted unlawfully”.

    Sujee said Blind SA would persist with its application for an order which would effectively resuscitate a previous order of a “reading in” of the existing Copyright Act, which created an exception for blind people to convert, without consent, books into formats they can read, such as braille or large print.

    This “reading in” would remain in place as long as it takes for the legislation to be enacted which would cure the defect the constitutional court identified in the Copyright Act.

    Read: Mickey Mouse, and South Africa’s battle over copyright

    It has been two years since the apex court ruled that sections of the act were unconstitutional and trampled on the rights of blind people.

    It suspended the declaration of invalidity for two years to give parliament time to remedy the defects through the introduction of the bill and ordered the “reading in” in the interim. But that has now lapsed, and the protections given to blind and visually impaired people have therefore fallen away.

    Surjee said their clients needed urgent relief, because even after the court ruled on the constitutionality or otherwise of the bill, it could be referred back to the national assembly in a process which could take as long as four years.

    “Whatever happens in the referral proceedings, this much is clear: without obtaining the substantive relief sought in this application, and for as long as the [the bill] does not become law, persons with visual and print disabilities will continue to be denied their fundamental rights,” she said.

    She said this would mean that the apex court’s decision in 2022 would be “little more than a pyrrhic victory” and this could not be justified.

    ‘Failed to do anything’

    “Put simply, we are here because those who should have ensured that this court’s order was properly implemented, or at least taken appropriate steps to vary, supplement or extend the order timeously, failed to do anything.”

    The chief justice has directed that the two applications be consolidated and will be heard on 28 November.  — (c) 2024 GroundUp

    • This article was originally published by GroundUp. It is republished by TechCentral under a Creative Commons Attribution-NoDerivatives 4.0 International Licence. Read the original article


    Blind SA Cyril Ramaphosa
    WhatsApp YouTube Follow on Google News Add as preferred source on Google
    Share. Facebook Twitter LinkedIn WhatsApp Telegram Email Copy Link
    Previous ArticleBookmarks | Five asteroids will zoom past Earth on Thursday – but don’t panic
    Next Article Modern car trends we really, really hate

    Related Posts

    BMW South Africa warns EV policy paralysis is stalling investment - Peter van Binsbergen

    BMW South Africa warns EV policy paralysis is stalling investment

    29 January 2026
    Digital IDs will launch before year-end, government says - Maropene Ramokgopa

    Digital IDs will launch before year-end, government says

    23 January 2026
    Presidency backs Solly Malatsi in BEE reform fight - Cyril Ramaphosa

    Presidency backs Solly Malatsi in BEE reform fight

    15 December 2025
    Company News
    Huawei turns 25 in South Africa, celebrates with major device discounts

    Huawei turns 25 in South Africa, celebrates with major device discounts

    30 January 2026
    Phishing has not disappeared, but it has grown up - KnowBe4

    Phishing has not disappeared, but it has grown up

    30 January 2026
    Smartphone affordability: South Africa's new economic divide - PayJoy

    Smartphone affordability: South Africa’s new economic divide

    29 January 2026
    Opinion
    South Africa's skills advantage is being overlooked at home - Richard Firth

    South Africa’s skills advantage is being overlooked at home

    29 January 2026
    Why Elon Musk's Starlink is a 'hard no' for me - Songezo Zibi

    Why Elon Musk’s Starlink is a ‘hard no’ for me

    26 January 2026
    South Africa's new fibre broadband battle - Duncan McLeod

    South Africa’s new fibre broadband battle

    20 January 2026

    Subscribe to Updates

    Get the best South African technology news and analysis delivered to your e-mail inbox every morning.

    Latest Posts
    Vuyani Jarana: Mobile coverage masks a deeper broadband failure

    Vuyani Jarana: Mobile coverage masks a deeper broadband failure

    30 January 2026
    TCS+ | How Cloud On Demand is helping SA businesses succeed in the cloud - Xhenia Rhode, Dion Kalicharan

    TCS+ | Cloud On Demand and Consnet: inside a real-world AWS partner success story

    30 January 2026
    Huawei turns 25 in South Africa, celebrates with major device discounts

    Huawei turns 25 in South Africa, celebrates with major device discounts

    30 January 2026
    SABC Plus to flight Microsoft AI training videos

    SABC Plus to flight Microsoft AI training videos

    30 January 2026
    © 2009 - 2026 NewsCentral Media
    • Cookie policy (ZA)
    • TechCentral – privacy and Popia

    Type above and press Enter to search. Press Esc to cancel.

    Manage consent

    TechCentral uses cookies to enhance its offerings. Consenting to these technologies allows us to serve you better. Not consenting or withdrawing consent may adversely affect certain features and functions of the website.

    Functional Always active
    The technical storage or access is strictly necessary for the legitimate purpose of enabling the use of a specific service explicitly requested by the subscriber or user, or for the sole purpose of carrying out the transmission of a communication over an electronic communications network.
    Preferences
    The technical storage or access is necessary for the legitimate purpose of storing preferences that are not requested by the subscriber or user.
    Statistics
    The technical storage or access that is used exclusively for statistical purposes. The technical storage or access that is used exclusively for anonymous statistical purposes. Without a subpoena, voluntary compliance on the part of your Internet Service Provider, or additional records from a third party, information stored or retrieved for this purpose alone cannot usually be used to identify you.
    Marketing
    The technical storage or access is required to create user profiles to send advertising, or to track the user on a website or across several websites for similar marketing purposes.
    • Manage options
    • Manage services
    • Manage {vendor_count} vendors
    • Read more about these purposes
    View preferences
    • {title}
    • {title}
    • {title}