suspension period without any party being able to apply for the extension of the suspension of the declaration of invalidity. Blind SA’s application was warranted and a direct result of the President’s delay. The other respondents had acted promptly, fulfilled their duties and lacked the knowledge that the relief would expire due to the President’s failure to make a decision on the CAB. The dilatory approach to this matter cannot be condoned and for this reason, the President must pay Blind SA’s costs. In the result, the Constitutional Court made the following order: 1. Direct access is granted. 2. Pending the coming into force of legislation remedying the constitutional defects in the Act 98 of 1978 as identified by this Court’s judgment and order of 21 September 2022 (Blind SA I) the Act 98 of 1978 shall be deemed to include a clause 19D reading as follows: “Clause 19D. (1) An authorised entity, or any person as may be prescribed and who serves persons with disabilities may, without the authorisation of the copyright owner, make an accessible format copy for the benefit of a person with a disability, supply that accessible format copy to a person with a disability by any means, including by non-commercial lending or by digital communication by wire or wireless means, and undertake any intermediate steps to achieve these objectives, if the following conditions are met: (a) The person wishing to undertake any activity under this subsection must have lawful access to the copyright work or a copy of that work; 8

Select target paragraph3