Navigating the Copyright Landscape in South Africa: Unpacking the Constitutional Court’s Landmark Judgment
This webinar took place on 22 July 2026. A video thereof is available at: LES South Africa “Unpacking the CC’s Copyright Amendment Bill Decision”
On 26 June 2026, the Constitutional Court of South Africa handed down one of the most significant intellectual property judgments in the country’s history — Ex parte President of the Republic of South Africa In re Constitutionality of the Copyright Amendment Bill and the Performers Protection Amendment Bill ZACC 26. The ruling, which has been more than a decade in the making, fundamentally reshapes the copyright framework in South Africa.
This webinar brings together leading IP practitioners to unpack what the judgment means in practice. The Court’s ruling navigated a complex web of competing constitutional rights — from the property rights of copyright owners under section 25 of the Constitution, to the rights to education, access to information and freedom of expression. In a majority judgment written by Mhlantla J, the Court upheld the controversial fair use exception in section 12A as constitutional, while striking down the education exceptions in section 12D(1)–(5) as constituting arbitrary deprivations of property.
Our panel will examine the key outcomes of the judgment, the constitutional reasoning underpinning the Court’s split decision, and what remains unresolved for Parliament to address. Critically, we will consider what the ruling means for creative industries going forward, where the judgement positions SA’s copyright law in the digital and AI environment, and how it impacts South Africa’s continued obligations under international copyright treaties.
Join us for an expert discussion on what this ruling means for the future of copyright law in South Africa.