Africa-Press – South-Africa. The Constitutional Court has given Parliament 24 months to cure defects in the Copyright Act after declaring sections of the Act invalid, unconstitutional and inconsistent with the rights of people who have visual and print disabilities.
On Wednesday, the apex court found that the Act limited visually impaired people’s access to published literary works and artistic works.
BlindSA and Section27 launched the litigation in April last year. However, before it reached the Constitutional Court, the Gauteng High Court ruled that the provisions imposed a “book famine” for the blind and visually impaired and that this amounted to an “unjustifiable limit to their rights.”
“The evidence marshalled by BlindSA establishes that those with print and visual disabilities struggle to secure books in accessible format copies that they require for their education.”
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“Children, and especially poor children, cannot secure the textbooks they require. Others who are admitted to university cannot access the articles and books they need, a substantial impairment to the benefits of a higher education.”
BlindSA’s argument was that the Act was an “apartheid-era” law that infringed on the rights of persons with visual disabilities, particularly the rights to equality, dignity, basic and further education, freedom of expression, language and participation in the cultural life of their choice.
The case went to the apex court for confirmation and it said the parliamentary process had taken too long.
“The need to address the infringement of rights is pressing. There must be a remedy granted that provides immediate redress,” it added.
BlindSA Jace Nair said the organisation was ecstatic that the judgment provided for the exceptions it has been advocating for, for so long.
Nair said:
Parliament spokesperson Moloto Mothapo told News24 they would familiarise themselves with the judgment.
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