UNTERHALTER AJ 4.2 Pending Parliament’s remedying of the defect giving rise to the unconstitutionality, in the event the Constitutional Court confirms the declaration of invalidity. 5. In the event Parliament does not remedy the constitutional defect within 24 months of the order of the Constitutional Court, the order in 2 above shall continue to apply. 6. Save in respect of ReCreate, the First Respondent is ordered to pay the costs of this application which costs shall include the costs consequent upon the employment of two Counsel, where applicable.” In this Court [14] The submissions made by Blind SA, the Minister and amici covered a wide range of issues. These included the need to align the Copyright Act with the Marrakesh Treaty, as well as other International Agreements such as the Berne Convention,19 TRIPS Agreement,20 the Convention on the Rights of Persons with Disabilities21 (CRPD) and the International Covenant on Economic, Social and Cultural Rights22 (ICESCR). Submissions were also made regarding the possible importation and export of copyright works for purposes of making accessible format copies available to visually and print disabled persons. Applicant’s submissions The pleaded case [15] Blind SA seeks an order declaring the Copyright Act unconstitutional to the extent that it (a) limits and/or prevents persons with visual and print disabilities from accessing works under copyright that persons without such disabilities are able to access and; (b) does not include provisions designed to ensure that persons with visual and 19 Berne Convention for the Protection of Literary and Artistic Works, 9 September 1886. The Berne Convention has since been revised. 20 The Agreement on Trade-Related Aspects of Intellectual Property Rights, 15 April 1994. 21 Convention on the Rights of Persons with Disabilities, 13 December 2006. 22 International Covenant on Economic, Social and Cultural Rights, 16 December 1966. 11