The Constitutional Court today reserved judgement in the matter between non-governmental organisation Blind SA versus the Minister of Trade, Industry and Competition which seeks to end the book famine for people who are blind and visually impaired.
Over 200 activists from Section 27 and Blind SA, including people who are visually impaired embarked on a march to the ConCourt to fight for access of books for blind people which is hindered by Copyright Act.
The Lobby groups argued that the Copyright Act of 1978 was limiting access to for persons who are blind or visually impaired.
The North Gauteng High Court in Pretoria in September 2021 found that the Copyright Act was unconstitutional in a case which was brought by the groups.
Advocate Jonathan Berger SC, for Blind SA, opened today’s Court proceedings with a reference to the Constitution.
“Amongst other things it states the Constitution was adopted as the supreme law of the republic so as to improve the quality of life of all citizens and free the potential of each person,” Berger said.
“We are here today because that promise continues to be broken day after day after day by the failure of the Copyright Act to ensure people with visual and print disabilities are able to access works under copyright.”
President of Blind SA, Ntshaveni Netshituni said the Copyright Act has a long-term effect on students as well.
“Because of the conversions that takes place, a person who is at university studying by the time they get to lay their hands on the document its always exam time,” Netshituni said.
“Some requests can sit with publishers for over two months before students get a response.”
He said they are pushing this issue so that they can get direct access to all the books.
“The provision which we are striving for today is that it should be read into the Copyright Act of 1978, it is going to give us direct access instead of us awaiting the publishers to give us permission.”
Thandile Butana, a development officer for Blind SA said she struggled during her studies as most of the books she needed were not in Braille.
“I struggled a lot when I was doing my honors because I had to ask people to ready for me, most of the books which I needed I could not find them in the format that was accessible to my needs,” Butana said.
