Several prominent organisations, including Section 27, Blind SA, and the Information Association of South Africa, are preparing to make compelling submissions at the Constitutional Court. The groups are advocating for the Copyright Amendment Bill (CAB) to be passed and declared constitutional, amidst concerns stemming from President Cyril Ramaphosa’s decision to return the amended Bill to the court for review, citing potential unconstitutionality in certain provisions.
The upcoming court proceedings will address not only the CAB but also the Performers’ Protection Amendment Bill, both of which aim to improve accessibility to creative works for individuals with disabilities, educators, and artists. The core emphasis of these Bills is to facilitate non-commercial educational and research endeavours, crucial for fostering inclusive learning environments.
Faatima Laher, a Candidate Attorney at Section 27, highlighted the organisation’s vested interest, particularly concerning how the Bill will impact learners who are blind or visually impaired. “Section 27 has a particular interest in the CAB as it relates to access to educational materials for the learners, especially those who are blind or visually impaired. As Section 27, we welcome the opportunity to participate in this matter, and to highlight those provisions of the CAB that will allow equal access to educational materials and advance the right to freedom of expression and the right to participate in a cultural life of one’s choice,” said Laher.
Amidst these legal proceedings, civil society groups, including Section 27, Blind SA, and the South African Democratic Teachers’ Union (SADTU), are expected to stage a picket outside the court, demonstrating their support for the proposed legislation. Activists argue that the amendments will greatly enhance access to educational materials, eliminating the need for individuals to seek permission from copyright holders for non-commercial use. This is seen as a vital step toward ensuring that all learners, particularly those with disabilities, can access the resources they need to succeed in their educational pursuits.
The Constitutional Court will hear submissions from a range of organisations in the coming days, marking a pivotal moment in the ongoing conversation surrounding copyright reform and its implications for accessibility in education.