Blind SA Sues Minister to Join Marrakesh Treaty

The organisation filed an urgent court application to compel the government to accede to an international treaty on accessible works.

Updated on Oct. 20, 2026 in Law

Blind SA Sues Minister to Join Marrakesh Treaty

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Should the government wait for new legislation before joining international treaties that improve citizen accessibility?

Blind SA has initiated legal action against Minister of Trade and Industry Parks Tau in the Pretoria High Court. The organisation is seeking an order to force the minister to develop a plan for South Africa to join the Marrakesh Treaty.

Why it matters

The case centres on whether South Africa can join the treaty now that the Constitutional Court has already made provisions for accessible digital works. Blind SA contends the minister's reliance on the pending Copyright Amendment Bill to delay accession is legally flawed.

The application seeks a court-mandated one-month timeline for a development plan, following the May 2025 Constitutional Court ruling that read section 19D into the Copyright Act.

The players

Blind SA

This organisation is a national representative body that advocates for the rights and interests of blind and partially sighted people in South Africa.

Parks Tau

He is the current Minister of Trade and Industry responsible for overseeing the legislative and international treaty processes.

Pretoria High Court

This is a high-level judicial body in South Africa that hears urgent applications and constitutional matters.

The details

Blind SA argues that the Constitutional Court already ensured South African law is compliant with the treaty, rendering further legislative delays unnecessary. Minister Parks Tau maintains that the department must complete the legislative process to fulfil international obligations.

2013: The Marrakesh VIP Treaty was adopted.
2016: The Marrakesh VIP Treaty came into force.
May 2025: The court ordered section 19D read into the Copyright Act.
June 2026: Minister Tau responded to Blind SA correspondence.
End of current week: Deadline for the minister to file reasons and an opposition notice.

Political Context

The opposition party and government officials may argue that international treaty obligations must follow strict legislative enactment protocols rather than relying on judicial intervention. This tension highlights the ongoing debate regarding whether court-mandated sections of the Copyright Act are sufficient to bypass broader bill revisions.

A successful court order would significantly broaden the availability of accessible digital books for visually impaired readers across the country. Conversely, if the court sides with the minister, users may face prolonged waiting periods while the government finishes the Copyright Amendment Bill.

The takeaway

This case highlights the growing divide between judicial rulings and administrative implementation of international human rights agreements. Readers can observe how civil society groups use the courts to bypass bureaucratic delays in policy adoption.