BlindSA takes government to court over delayed Marrakesh Treaty accession

Blind SA has taken the government to court over delays in joining the Marrakesh Treaty, which would give blind and visually impaired students access to books available overseas. The Department of Women, Youth and Persons with Disabilities has called for urgent action to address the delays.

Blind and visually impaired students in South Africa are facing barriers to essential textbooks and academic resources because the country has yet to join an international treaty that allows accessible books to be shared across borders.

BlindSA, represented by SECTION27, has approached the Gauteng High Court in Pretoria to challenge the Department of Trade, Industry and Competition’s decision to delay accession to the Marrakesh Treaty until the Copyright Amendment Bill becomes law.

The treaty enables participating countries to exchange books in Braille, audio and accessible digital formats, helping people with print disabilities access published works without having to reproduce materials already available elsewhere.

BlindSA estimates that only 1% to 7% of published works are available in accessible formats. Without access to international exchanges, South African organisations can be forced to duplicate costly, time-consuming work, leaving students waiting for materials they need for their studies.

BlindSA president Christo de Klerk said the delay was legally unnecessary following a Constitutional Court ruling in May 2025 that introduced Section 19D into the Copyright Act.

“We believe the Minister misunderstands the position. Section 19D, which was read into the currently applicable Copyright Act of 1978, establishes the legal framework for accession to the Marrakesh Treaty,” he said.

De Klerk said the failure to join the treaty meant local organisations had to reproduce material already available internationally, increasing costs and delaying students’ studies.

Converting an average novel into Braille takes about a month and costs around R30,000, he said.

Technical material can take longer to convert, while waiting lists may leave students without prescribed books when classes begin.

BlindSA is seeking a court order compelling the government to develop an implementation plan with clear deadlines and regular progress updates.

De Klerk expects international book exchanges to become available within 12 months if the court rules in the organisation’s favour.

The government has promised to join the Marrakesh Treaty since 2013, but has yet to do so.

Kaamil Alli, spokesperson for Trade, Industry and Competition Minister Parks Tau, confirmed that the department was consulting on the matter but declined to comment further because the issue was before the courts.

“We are in the process of consulting our various teams on the matter,” Alli said.

“We don’t believe that a public debate on this sensitive matter would be appropriate and considering the matter has been brought before the courts, we reserve comments on this matter for the time being.”

The Department of Women, Youth and Persons with Disabilities acknowledged that continued non-accession was restricting opportunities for learners and university students, despite the interim copyright protections introduced by the Constitutional Court.

The department’s director of communications, Cassius Selala, said the delay was not simply a legal dispute, but an issue affecting equality, education and participation in society.

“The Department believes that urgent, co-ordinated action is required to ensure that the rights of blind and visually impaired people are realised in practice, not merely recognised in law.”

Selala said university students were particularly affected when they could not obtain prescribed readings, academic journals and research materials essential to their studies.

The problem extended beyond textbooks, with specialised learning materials presenting additional challenges for students pursuing science, technology, engineering and mathematics, he said.

“We cannot speak of inclusive education, youth empowerment or meaningful participation in the economy while learners and students with visual disabilities continue to face avoidable barriers to knowledge,” he added.

The department expressed concern that South Africans were still unable to benefit fully from cross-border exchanges of accessible publications. It called for outstanding legal questions to be resolved promptly.

“We support constructive interdepartmental engagement to establish a clear way forward, clarify the outstanding legal and procedural matters, and identify practical steps towards accession,” Selala said.

He did not confirm whether the department had held talks with the Department of Trade, Industry and Competition.

“We would not wish to misrepresent the status of engagements or announce commitments that have not been formally agreed upon,” he said.

While the court case proceeds, the department identified closer co-operation with education authorities, universities, libraries and disability organisations as priorities for improving access to prescribed textbooks, academic journals and digital collections.

Selala said government departments should establish clear responsibilities, delivery timeframes and measurable indicators, including how long students wait for learning materials and how many benefit from improved access.

He also stressed the importance of involving organisations representing people with disabilities in identifying practical solutions and assessing whether government interventions were making a difference.

Selala clarified that the measures outlined by the department remained proposals and had not been confirmed as programmes already in place.

“Ultimately, no learner or university student should have to wait for essential educational material simply because they are blind or visually impaired,” he said.