Judgment: Unterhalter AJ (unanimous) Heard on: 12 May 2022 Decided on: 21 September 2022 Summary: Copyright Act 98 of 1978 — constitutionality of sections 6 and 7, read with section 23 — provisions are unconstitutional — infringement of the rights of persons with visual and print disabilities, as set out in sections 9(3), 10, 16(1)(b), 29(1) and 30 of the Constitution ORDER On application for confirmation of an order of constitutional invalidity granted by the High Court of South Africa, Gauteng Division, Pretoria (Mbongwe J): 1. The order of the High Court of South Africa, Gauteng Division, Pretoria declaring the Copyright Act 98 of 1978 inconsistent with the Constitution is confirmed to the extent provided in paragraph 2. 2. It is declared that sections 6 and 7, read with section 23 of the Copyright Act 98 of 1978, are unconstitutional, invalid and inconsistent with the rights of persons with visual and print disabilities, as set out in sections 9(3), 10, 16(1)(b), 29(1) and 30 of the Constitution, to the extent that these provisions of the Copyright Act limit the access of such persons to published literary works, and artistic works as may be included in such literary works, in accessible format copies. 3. A person with a visual and print disability described in paragraph 2 means a person who— (a) is blind; (b) has a visual impairment or a perceptual or reading disability which cannot be improved to give visual function substantially equivalent

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