Disability Rights Awareness Month Spotlight: A Legal Breakthrough

Disability Rights Awareness Month is an important opportunity for us, as occupational therapists, to reflect on our role as advocates for the rights of our clients and patients.

To be effective advocates, we must stay informed about key legislative and policy changes that impact access, participation, and inclusion.

Earlier this year, a landmark ruling by the South African Constitutional Court opened the door to greater access to reading material for persons with disabilities, aligning the law with our core values of equity, dignity, and optimal participation.

📘 What happened?

On 7 May 2025, in Blind SA v President of the Republic of South Africa and Others (CCT 300/24) [2025] ZACC 9, the Court ordered that until Parliament passes remedial legislation, section 19D (from the Copyright Amendment Bill) be read into the existing Copyright Act to safeguard the right to accessible reading for persons with disabilities.

This “reading-in” means that, under specific conditions and on a non‑profit basis, authorised entities and persons may, without requiring copyright‑holder permission, convert works into accessible formats (e.g. Braille, large print, audio, etc.), supply them to those living with a disability, and even enable cross‑border exchange .

📌 Why is this ground-breaking for OT and disability inclusion?

• Ensures people with print, visual, or other disabilities can access reading and learning materials from authorised entities and persons.
• Enables cross‑border sharing of accessible content by authorised entities and persons (important for diversity of resources, language variety, etc.).
• Strengthens South Africa’s alignment with global disability rights norms (e.g. the Marrakesh VIP Treaty).

🎯 How OTs can leverage this in practice

• Encourage institutions (e.g. schools, clinics, NGOs) to align with the criteria for authorised entities under section 19D, so they can legally produce and share accessible format copies for persons with disabilities.
• Incorporate accessible format materials into your intervention plans.
• Educate clients and communities about their rights to accessible educational and reading materials.
• Partner with libraries, disability organisations, or technology providers to expand the supply and circulation of accessible materials.

🔍 What is an “authorised entity” according to section 19D?

An “authorised entity” is defined as:

• An entity that is authorised or recognised by the government to provide education, instructional training, adaptive reading, or information access to persons with a disability on a non‑profit basis; or

• Blind SA
• South African Library for the Blind
• University disability units
• Schools for learners with visual impairments
• Non-profit organisations that provide accessible reading materials

✅ What conditions must be met?

Authorised entities should keep in mind that:

• They should have lawful access to the original work or a copy of that work.
• Changes made when converting the work to an accessible format copy should only be to make the work accessible to the beneficiary person.

We are uniquely positioned to bridge the gap between policy and practice. This ruling is not only a legal breakthrough: it is also a call to action. Let’s use this to deepen our advocacy and promote accessible learning. Access is not a privilege; it’s a right.

REFERENCE: (Full details and definitions included there)

Blind SA v President of the Republic of South Africa and Others, (CCT 300/24) [2025] ZACC 9. Retrieved from https://www1.saflii.org/za/cases/ZACC/2025/9.html.