In Blind SA v President of the Republic of South Africa and Others (commonly referred to as Blind SA II), the South African Human Rights Commission and Blind SA challenged the constitutionality of certain provisions of the Copyright Act 98 of 1978. The applicants argued that the Act failed to make adequate provision for accessible-format copies of copyrighted works for persons with visual or print disabilities, thereby perpetuating systemic exclusion from the knowledge economy.
The Constitutional Court was asked to determine whether the legislature's failure to enact meaningful exceptions to copyright protection — to allow reproduction of works in Braille, audio, large print, and other accessible formats — constituted an unjustifiable infringement of the rights to equality, dignity, and access to education enshrined in the Constitution. The case built on the earlier Blind SA I judgment and pressed the Court for a remedy that would give real effect to South Africa's obligations under the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired, or Otherwise Print Disabled.
The Court's ruling was a landmark victory for disability rights and access to information. It found the impugned provisions constitutionally invalid and read in exceptions permitting authorised entities to produce and distribute accessible-format copies without infringing copyright. The decision significantly advanced the principle that copyright law must be interpreted and applied in a manner consistent with the Bill of Rights, particularly the rights of persons with disabilities.
Media Monitoring Africa (MMA) followed this matter closely as part of its broader advocacy on the right to access information and equitable participation in the media and information environment. The judgment reinforced the constitutional imperative that legal frameworks governing information must be inclusive and must not perpetuate barriers for marginalised communities.