UNTERHALTER AJ concerns distribution in the country.34 Both provisions have carve outs, the impact of which is unexamined in the founding affidavit. How the Copyright Act restricts imports and distribution and how such restrictions infringe upon the rights of persons with visual and print disabilities is so undeveloped in the founding affidavit that no case can be said to have been made out on this score. [62] Third, the failure by Parliament to pass into law the CAB, and, in particular, the failure to legislate so as to remedy the scarcity of literary works in accessible format copies is traversed by Blind SA to explain why it comes to the courts to seek relief, rather than awaiting the long delayed parliamentary process. But no relief is sought to bring under constitutional review Parliament’s delay. Nor does Blind SA question the legality of the Government’s approach to amend the Copyright Act to give effect to the Marrakesh Treaty, as a precursor to its ratification. Mr Low explains how the ratification of the Marrakesh Treaty would increase the number of books available to persons with visual and print disabilities. That may be so, but how the Marrakesh Treaty is best domesticated is a matter for Parliament and not for this Court. [63] The case before us is thus a challenge to the Copyright Act on the basis that the exclusive rights of copyright owners require the authorisation of these owners before original published literary works may be made into accessible format copies for the use of print and visually impaired persons. That requirement, it is contended, infringes the identified rights of these persons. If we should confirm that this is so, then we are bound to decide what remedy is required, and what remedy may be just and equitable, to cure this infringement of rights. Our remedial remit, however, does not go beyond the challenge that has been made. 34 Section 23(2)(c) of the Copyright Act states that— “copyright shall be infringed by any person who, without the licence of the owner of the copyright and at a time when copyright subsists in a work distributes in the Republic any article for the purposes of trade, or for any other purpose, to such an extent that the owner of the copyright in question is prejudicially affected.” 26

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