Blind SA v Minister of Trade, Industry and Competition and Others

Blind SA, a non-profit organisation representing blind and visually/print disabled persons, challenged provisions of the Copyright Act 98 of 1978. The Act required permission from copyright holders to reproduce or adapt copyrighted works into accessible formats (such as Braille or audio), which in practice severely limited access by persons with visual and print disabilities. Although Parliament had been engaged since 2015 in a process to amend the Act (including proposed section 19D to implement South Africa’s obligations under the Marrakesh Treaty), the legislative process was subject to prolonged delays and had not resulted in enacted law. Blind SA approached the High Court, which declared the Act unconstitutional. The matter came before the Constitutional Court for confirmation of that declaration.

The declaration of constitutional invalidity was confirmed. Sections 6 and 7, read with section 23 of the Copyright Act 98 of 1978, were declared unconstitutional to the extent that they limit access by persons with visual and print disabilities to accessible format copies. The declaration was suspended for 24 months to allow Parliament to remedy the defect. During the suspension, an interim section 13A was read into the Act, permitting the making, distribution, and use of accessible format copies by beneficiary persons and permitted entities on a non-profit basis. The Minister of Trade, Industry and Competition was ordered to pay Blind SA’s costs, including costs of two counsel.

This judgment is a landmark decision advancing the rights of persons with disabilities in South African law. It aligns copyright law with constitutional equality and dignity principles and South Africa’s international obligations under the Marrakesh Treaty. The case affirms that intellectual property regimes must be interpreted and structured in a manner consistent with substantive equality and access to information, and it demonstrates the Constitutional Court’s willingness to provide detailed interim relief where legislative delay perpetuates rights violations.