Alrode’s Blind SA welcomes Parliament’s ruling
The Gauteng High Court awarded an order that the Act was unconstitutional since it limits the basic human rights of blind persons to access printed works in an accessible format such as braille.
In September 2021, Blind SA and its affiliates took the 1978 Copyright Act to the High Court.
They argued for the constitutionality of the act.
The Gauteng High Court awarded an order that the Act was unconstitutional since it limits the basic human rights of blind persons to access printed works in an accessible format such as braille.
In May 2022, the Constitutional Court sat to consider confirming the unconstitutionality of the Act. It also sat to possibly provide a remedy which may include the reading in of Section 19D of the Copyright Amendment Bill, which was remitted to the National Assembly by the President.
“The impression that Blind SA got from the justice system was that the bill in its current form is certainly unconstitutional and that the rights of blind and partially sighted persons are being violated,” said Jace Nair, Blind SA CEO.
Blind SA is expecting the Constitutional Court to provide its judgment by October.
In the meantime, Nair said the Portfolio Committee in the National Assembly has been looking at the reservations highlighted by the president.
“This is especially in terms of section 19d, which specifically provides for persons with disabilities. The basis of the Marrakesh treaty is contained in section 19d. And the revised provision would also provide for cross-border exchange of books, which is included in section 19d,” he said.
Nair said Blind SA is very pleased that the National Assembly recently passed the bills.
With this development, he said this will see an increased chance for blind and partially sighted persons to have access to a wider range of learning or reading material.
“The concern is that with this process now going to the provincial legislature might see it taking a long time before the nine provinces have deliberated on it and sent it back to the National Council of Provinces. It has already been a 40-year wait to reach this point,” he said.
He said they are grateful for this monumental step in the right direction.
