President Cyril Ramaphosa has asked South Africa’s highest court, the Constitutional Court, to decide whether certain parts of two new copyright laws are legal.
What the case is about
These laws are the Copyright Amendment Bill (CAB) and the Performers’ Protection Amendment Bill (PPAB). The court will hear the case on 21 and 22 May 2025.
Ramaphosa is not sure whether some parts of the two bills break the Constitution, go against international copyright rules, or unfairly take away the rights of copyright holders.
He has asked the court to look specifically at clauses 6A, 7A, 8A, 12A to 12D, 19B and 19C in both laws.
The case is a referral, which means Ramaphosa is asking the court for legal clarity before he signs the laws.
What Ramaphosa needs clarity on
He believes some of the clauses could give government ministers too much power, allow changes to existing copyrights in a way that is unfair, or break agreements South Africa has signed with other countries.
One of the main issues is the “fair use” rule in clause 12A. This rule allows people to use copyrighted work for education, research, and other purposes without getting permission.
Ramaphosa is concerned that this clause was changed late in the process and that the public didn’t get a chance to comment on the final version.
Another concern is whether the laws affect people’s property rights. In South Africa, copyright is seen as a type of property. If a new law takes away someone’s rights without proper reason, it may be unconstitutional.
Ramaphosa believes that some clauses might do this, especially if they apply to works that were created before the laws were passed — this is called operating “retrospectively.”
Why the ConCourt’s decision matters
Some political parties and organisations agree with the President. The Democratic Alliance and Freedom Front Plus say the clauses are vague, unfair, and not based on proper research.
Groups representing the music, broadcasting, and publishing industries also raised concerns, saying the rules could hurt their businesses.
However, other organisations support the new laws. Blind SA, UNESCO, and the Centre for Child Law say the rules help more people access books and learning materials, especially those who are blind or in school.
They argue that the new rules are carefully written and follow international law.
The Constitutional Court will now decide if the parts of the bills Ramaphosa is worried about are in line with the Constitution. If they are not, the court could ask Parliament to fix them.
The outcome of the case will affect how copyright is managed in South Africa, and how people can use creative work like books, music, and films in the future.
