A coalition of civil society organisations are gathering outside the Constitutional Court on 21 May 2025, demanding swift approval of the Copyright Amendment Bill South Africa and the Performers’ Protection Amendment Bill.
The Copyright Amendment Bill seeks to modernise the Copyright Act 98 of 1978, while the Performers’ Protection Amendment Bill aims to update the Performers’ Protection Act 11 of 1967. Despite parliamentary approval in February 2024, both bills were sent back by President Cyril Ramaphosa due to six reservations, primarily concerning potential conflicts with copyright holder protections and international treaty obligations.
In response to these delays, Blind SA, represented by SECTION27, pursued litigation to compel presidential action. However, instead of signing the bills, the president referred them to the Constitutional Court on 10 October 2024, citing concerns over specific sections of the Copyright Amendment Bill. Through his referral of the bills, the president has therefore requested the Constitutional Court to determine the constitutionality of these provisions.
Accessibility and fair compensation at stake
Blind SA, advocating for visually impaired individuals’ equal access to copyrighted works, has expressed urgency following a court order requiring amendments to the Copyright Act by 21 September 2024. According to a spokesperson, “Blind and visually impaired persons are creators, authors, and performers who deserve equal access.”
Beyond accessibility, the creative industry is pushing for stronger protections. Organisations such as the South African Democratic Teachers Union, South African Gunowners Association, and the Library and Information Association of South Africa argue that current laws fail to provide fair compensation.
Constitutional Court hearing and industry support
The 21–22 May 2025 hearing will see Blind SA participating as an “Interested Party,” while eight civil society organisations, including Recreate Action, have been granted amicus curiae status to provide legal insight.
Recreate Action, an advocacy group for balanced copyright reform, summarised collective sentiments: “The copyright advocacy movement in South Africa, exemplified by ReCreate, showcases how we can achieve fair legislation that protects creatives’ income while ensuring access to learning materials.”
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