Constitutional Court Hearing – The Copyright Amendment Bill 26 June 2026

The Constitutional Court has handed down its judgment on the Copyright Amendment Bill (CAB) and the Performers’ Protection Amendment Bill (PPAB) on Friday, 26 June 2026.

The Bill is not law yet. The Court found that a number of the President’s constitutional objections had not been presented with sufficient detail and found one part of the Bill to be unconstitutional, which means the Bill must now return to Parliament for further consideration before it can proceed further.

In summary, the Court ruled that a number of the provisions are constitutional within the scope of the President’s referral, including the controversial “Fair Use” clauses and exceptions for libraries, research, and personal copies, but found that the proposed education exceptions contained in section 12D(1)–(5) are unconstitutional. This is not an unqualified endorsement of fair use. The judgment was limited to the constitutional questions before the Court and makes it clear that these provisions may still be challenged after the legislation has been enacted.

MPASA continues to oppose the fair use provisions proposed in the Bill. They create unnecessary legal uncertainty and weaken the protection of copyright without achieving an appropriate balance between users and rights holders. This risks undermining the incentives that support the creation, publishing and long-term sustainability of South African music. In circumstances where royalties are disputed, copyright owners may increasingly be required to dig into their pockets to enforce their rights through expensive litigation, placing a greater burden on individual creators and rights holders.

The Court did not decide whether the proposed statutory right for creators to receive equitable royalties is constitutional because the President’s objections were not sufficiently detailed.

Although the Bill has been delayed, many other proposed changes still remain.

These include changes that affect how long copyright can be assigned, introduce new statutory royalty rights for certain creators, expand the powers of the Copyright Tribunal, regulate collecting societies, override certain contractual terms, and introduce new reporting obligations for users of copyright works.

The Bill also contains reforms that the industry has long recognised as necessary. South Africa’s Copyright Act dates back to 1978 and requires updating for the digital environment, including the introduction of modern digital rights.

Legislation of this significance should be supported by a proper socio-economic impact assessment. Understanding the likely impact on creators, publishers and the wider creative economy is an important part of developing balanced and effective copyright legislation.

MPASA further remains concerned that aspects of the Bill in its current form are incompatible with South Africa’s international copyright treaty obligations.

The Court held that the same findings also apply to the corresponding provisions in the Performers’ Protection Amendment Bill (PPAB). The Bills now return to Parliament for further consideration before being presented to the President.

MPASA will continue to monitor and participate actively in the necessary processes to contribute to upholding our collective rights and keep members informed of significant developments.

If you would like to learn more about the judgment, become more involved in MPA SA’s work on the Bill, or contribute your perspective as the legislative process continues, we encourage you to contact us. The engagement of our members remains one of our greatest strengths.

Thank you to all our members who have supported MPA SA’s efforts over many years. We remain committed to ensuring that the voice of music publishers continues to be heard as South Africa’s copyright framework evolves.