In a landmark ruling, the South African Constitutional Court has taken a significant step toward inclusivity by granting blind and visually impaired individuals the right to access copyrighted works in accessible formats—without needing prior permission from copyright owners. This decision marks a turning point in the country’s copyright laws and strengthens rights of individuals with disabilities in South Africa. 

The ruling comes after years of advocacy by Blind SA, which challenged the restrictive sections of the current Copyright Act that essentially prohibits individuals with disabilities from converting copyrighted materials into accessible formats without permission from the copyright owner. The court found that these limitations unfairly discriminated against blind individuals, making it difficult for them to access essential reading materials, including educational and cultural content. 

To rectify this inequality, the Constitutional Court ordered that Section 19D of the Copyright Amendment Bill (“CAB”) be immediately read into the existing Copyright Act. This provision allows visually impaired individuals to produce accessible versions of books and other copyrighted works without seeking approval from copyright owners. 

This judgment is not only a significant win for individuals with disabilities but also places the South African government under increasing pressure to accede to the Marrakesh Treaty—an international agreement facilitating cross-border sharing of accessible-format books for people with disabilities. By joining this treaty, South Africa will improve global access to resources, ensuring that visually impaired individuals can benefit from a broader range of reading materials. 

The court’s decision also addresses delays in signing the Copyright Amendment Bill, holding President Cyril Ramaphosa accountable for postponing its enactment. As a result, the president was ordered to cover legal costs, setting a precedent that could push the government to prioritize copyright law reforms in the future. The enactment of the CAB is not without contention, though, as there are a number of industry sector bodies that are opposed to the enactment of the CAB in its current format. 

This ruling is an important step in modernizing South Africa’s copyright laws, making them more equitable and aligned with international standards. By acknowledging the rights of disabled individuals, the Constitutional Court has reinforced the principle that access to information is indeed a right, not a privilege.