Ex parte President of the Republic of South Africa: constitutionality of the Copyright Amendment Bill and Performers’ Protection Amendment Bill (CCT 306/24)
- Value
- Undisclosed
- Date
- 26 June 2026
- Status
- Judgment: Bills referred back to Parliament
- Transaction type
- Regulatory Approval or Licensing
- Practice area
- Intellectual Property
- Sector
- Education, Media and Entertainment
- Jurisdiction
- South Africa
Summary
On 26 June 2026 the Constitutional Court, in a majority judgment by Justice Mhlantla, held that copyright is property protected against arbitrary deprivation, upheld the fair use exception in section 12A and the exceptions in sections 12B, 12C, 12D(6) to (9), 19B and 19C, and struck down the broad educational exceptions in sections 12D(1) to (5). Neither Bill can be signed in its current form and both return to Parliament.
Why it matters
Sets the constitutional limits of South African copyright reform: fair use survives, broad educational copying does not, and Parliament must redraft before any new regime takes effect.
Scope of legal work
Commentary by Spoor & Fisher (Dale van Reenen), Adams & Adams and KISCH IP was reviewed. Counsel in the referral are not recorded here.
Other parties
President of the Republic of South Africa (referring party)
Parliament of the Republic of South Africa
Sources
Compiled by Meridian from the public announcements and filings listed under Sources.
- Spoor & Fisher, Copyright Amendment Bill: Constitutional Court Clarifies the Future of South Africa's Copyright Reform (1 July 2026)
- Adams & Adams, Constitutional Court Delivers Landmark but Incomplete Copyright Ruling (13 July 2026)
- GoLegal, Constitutional Court delivers landmark Copyright Amendment Bill judgment (2026)
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