On 16 June 2020, the President of South Africa returned the Copyright Amendment Bill [B-13 of 2017] to Parliament, expressing reservations regarding its constitutionality and compliance with international law. In this paper, I describe the constitutional implications of compliance with international law and the binding international obligations incumbent upon South Africa in respect of copyright and international human rights law. In doing so, I argue that the Bill of Rights acts as a magnet, compelling all organs of state to give greater normative weight to those international obligations that map onto the Bill of Rights as compared to those that do not in their functioning. Finally, I explain how the provisions of the CAB that are specifically tailored to enable access to educational materials for all are not only permitted under South Africa’s international copyright obligations, but are required by the Bill of Rights and South Africa’s international human rights obligations.
Samtani, Sanya, "The Domestic Effect of South Africa's Treaty Obligations: The Right to Education and the Copyright Amendment Bill" (2020). PIJIP/TLS Research Paper Series no. 61. https://digitalcommons.wcl.american.edu/research/61