By Vusuthando Percyvil Dube
In a pivotal move for the rights of blind and visually impaired South Africans, SECTION27 has filed an urgent application in the Constitutional Court on behalf of Blind SA, targeting President Cyril Ramaphosa. This lawsuit, initiated nearly a year after the Copyright Amendment Bill (CAB) was passed by Parliament, follows a significant Constitutional Court ruling that declared the existing Copyright Act unconstitutional.
The decision underscored the pressing need for accessible reading materials for this marginalized community, emphasizing the urgency for legislative reform to ensure equal access to information.
As the court’s deadline has past, the consequences have grown more serious. The continuous delay jeopardises not just the availability of accessible literature, but also South Africa’s international treaty responsibilities, putting the blind and visually impaired’s fundamental rights at risk.
In an exclusive interview with VOC News, Blind SA President Christo de Klerk underscored the gravity of the situation: “The delay in putting the law in place means that we are now back to the position we were in 2022 before we went to the Constitutional Court. In other words, a blind person cannot have books converted into formats that we can read, such as large print or audio, without having to seek permission from publishers. Ninety percent of the books we wish to use are still not accessible.”
De Klerk also commented on the President’s legal team’s response to the application, revealing that the President opposes the application on two key grounds: firstly, that the matter is not urgent; and secondly, that the issue should not be addressed by the Constitutional Court. The first court sitting on this critical case is scheduled for Tuesday, November 28.
In a related legal development, President Ramaphosa finds himself embroiled in dual court challenges. On the same day, supporters of the Economic Freedom Fighters (EFF) marched to the Constitutional Court in support of the party’s application, alongside the African Transformation Movement (ATM), which seeks to declare the National Assembly’s refusal to adopt the Section 89 panel report irrational and unlawful. This report could have triggered an impeachment inquiry into the ongoing Phala Phala scandal, further complicating the President’s legal challenges.
As these pivotal court proceedings unfold, the outcome will have far-reaching implications not only for the rights of blind and visually impaired South Africans but also for the political landscape surrounding President Ramaphosa.
VOC News
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