disabilities would be left without protection and would have to await the outcome of the referral application. Therefore, it was in the interests of justice for this Court to grant urgent direct access. Blind SA acknowledged that this Court does not have the power to extend a suspension period once it has lapsed, but argued that this Court may grant a just and equitable remedy in terms of section 172(1)(b) of the Constitution. Therefore, it requested that section 13A be kept in place until the current legislation is passed to cure the constitutional defect, and protect the rights of those with visual and print disabilities. Blind SA submitted that this Court is not obliged to read in section 13A as an interim measure, but may read in the version of clause 19D of the CAB as currently defined. This current version differs from the previous version of clause 19D, which was considered in Blind SA I, as Parliament had used this provision to cure the defect in the Act. They argued that clause 19D is “more user friendly and better advances the rights of persons with visual and print disabilities”. Therefore, a just and equitable remedy would be for the Court to revive section 13A, or to read in the current clause 19D in the CAB as it is not subject to the President’s referral, and is the Legislature’s chosen solution. Further, that this would also facilitate South Africa’s accession to the Marrakesh VIP Treaty, which has been put on hold indefinitely. Blind SA also sought a costs order against the President on a punitive scale, or to be jointly paid by the President and all respondents who opposed the relief sought. They further submitted that the President had not made it clear that he would be unable to make a decision on time, after numerous attempts to contact him. Had he informed the parties, the Minister of Trade, Industry and Competition or Parliament could have approached the Court before the expiry of the suspension period. Instead, Blind SA had to approach the Court, as those who were supposed to ensure the implementation of the order had failed to do so. Furthermore, that the President 4

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