the CAB back to Parliament for reconsideration, as he had reservations about the
constitutionality of some of the draft provisions in the initial version of the CAB.
Due to the delays in finalising the CAB, on 24 March 2021, the applicant, Blind SA,
launched an application in the Gauteng Division of the High Court (High Court) for
a declaration of invalidity of sections 6 and 7 read with section 23 of the Act. The
High Court declared the impugned sections inconsistent with the Constitution and
invalid.
On 21 September 2022, the Constitutional Court in Blind SA I confirmed the
declaration of constitutional invalidity of the impugned provisions, as they required
the permission of copyright owners before their works could be reproduced in
accessible formats for persons with visual and print disabilities. This Court held
that these provisions were inconsistent with the constitutional rights of people with
disabilities and held that requiring the permission of the copyright owners to create
accessible formats amounted to a discriminatory barrier that unfairly prevented
people with visual and print disabilities from accessing copyrighted materials.
When considering the appropriate remedy, the Court declined to incorporate clause
19D of the CAB, stating that it was excessively broad and lacked the precision
necessary for the specific case under consideration. The Court suspended the
declaration of invalidity for 24 months and also made an interim remedy in the form
of a reading-in of a temporary provision, that is, section 13A to be read into the Act,
pending the enactment of the legislation. The suspension period was due to lapse
on 21 September 2024.
In the meantime, Parliament considered the President’s reservations and on 29
February 2024, completed its process and passed the CAB. On 2 March 2024, the
CAB was submitted to the President for his assent. However, the President did not
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