Constitutional Court ruling leaves SA’s copyright laws unchanged, says SAMRO

The Constitutional Court delivered its judgment on 26 June 2026, providing guidance on several constitutional questions relating to the Bills. While the ruling forms part of the country’s long-running copyright reform process, it does not bring the Copyright Amendment Bill into force or alter the current legal framework governing copyright.

According to the court, some of the provisions referred to it, including those relating to fair use, were not found to be unconstitutional on the specific grounds raised by the President. However, other provisions were declared unconstitutional, requiring Parliament to amend them before the Bills can proceed further through the legislative process.

“The Constitutional Court has provided important legal guidance on the constitutional questions referred to it, but it has also made it clear that this is not the final chapter in South Africa's copyright reform journey,” SAMRO general manager legal Chola Makgamathe said. “Further parliamentary processes must still take place and stakeholders retain the right to challenge any enacted provisions should constitutional concerns arise in future.”

SAMRO said the ruling means the Copyright Act of 1978 remains in force and that there are no immediate changes to the rights of creators or the obligations of music users. The organisation added that all existing SAMRO licences remain valid and enforceable.

The organisation also reiterated its concerns regarding the proposed fair use provisions. Although the Constitutional Court did not find the proposed framework unconstitutional on the grounds presented by the President, SAMRO said a broad fair use regime should include safeguards to protect the interests of copyright holders.

According to SAMRO, fair use systems in other jurisdictions have resulted in significant litigation as courts determine the limits of copyright exceptions. The organisation argued that creators operating in a digital marketplace increasingly shaped by global technology platforms and artificial intelligence require legal certainty and effective protection for their work.

“SAMRO supports copyright reform that enables education, innovation and access to knowledge,” Makgamathe said. “Equally, reform must preserve the economic incentives that enable composers, songwriters and music publishers to continue creating. South Africa's creative economy depends on striking an appropriate balance between public access and sustainable remuneration for creators.”

SAMRO said it has participated in the copyright reform process over the past decade alongside the Copyright Coalition of South Africa and other industry stakeholders, advocating for legislation that supports innovation while protecting the rights and livelihoods of creators.

The organisation noted that Parliament must now address the provisions declared unconstitutional before the Bills can continue through the legislative process.

“The judgment reinforces that copyright reform is not merely a legal exercise but one with major economic, cultural and developmental implications,” Makgamathe said. “South Africa has an opportunity to build a copyright framework that promotes creativity, investment and innovation while ensuring creators continue to receive fair recognition and remuneration for the use of their work. SAMRO will continue to engage constructively with Parliament, government and industry to help achieve that outcome.”

SAMRO said it would continue to monitor developments, engage with lawmakers and industry stakeholders, and keep its members and licensees informed as the legislative process progresses.