Constitutional Court Rules on Copyright and Performers’ Protection Amendment Bills

Posted 09 July 2026 Written by Acts Online
Category Justice

Brought to you by SA Legal Academy: The Constitutional Court has delivered its judgment on the constitutionality of the Copyright Amendment Bill [B13F-2017] and the Performers’ Protection Amendment Bill [B24F-2016], declaring specific academic reproduction clauses unconstitutional.

The referral to the apex court, made by President Cyril Ramaphosa under section 79(4)(b) of the Constitution of the Republic of South Africa, 1996, challenged the ‘F’ versions of both Bills. These bills seek to amend the Copyright Act, No. 98 of 1978 and the Performers’ Protection Act, No. 11 of 1967, which are administered by the Department of Trade, Industry and Competition.

The Constitutional Court ruled that only certain provisions within clause 18 of the Copyright Amendment Bill are unconstitutional. Specifically, the proposed insertion of a new section 12D, sub-sections (1) to (5), which govern the “reproduction of work for educational and academic activities,” was found to constitute an arbitrary deprivation of property under section 25(1) of the Constitution.

Consequently, Parliament is required to replace only these specific unconstitutional provisions. The National Assembly’s Portfolio Committee on Trade, Industry and Competition will limit its legislative review and the mandatory public participation process strictly to these sub-sections, alongside any corresponding provisions in the Performers’ Protection Amendment Bill affected by the ruling.

What this means for you, your business, or your clients

  • For yourself: No direct individual compliance obligations; legal professionals must monitor the upcoming targeted public consultation process on section 12D of the Copyright Act.
  • For your business: Educational institutions, publishers, and legal practices must prepare for a highly restricted public participation window focusing solely on academic reproduction rights.
  • For your clients: Clients in the publishing, academic, and creative sectors must note that the broad educational exceptions previously proposed under section 12D(1) to (5) are invalid and will be redrafted to prevent arbitrary deprivation of intellectual property.

Originally published at https://legalacademy.co.za/news/read/copyright-performers-protection-amendment-bills-presidency-silent-on-concourt-ruling

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