Constitutional Court Issues Guidance on Copyright Amendment Bill But Does Not Bring It Into Force

The judgment, delivered on Friday, 26 June 2026, marks an important milestone in a legislative process that has been underway for more than a decade. However, it does not bring the Copyright Amendment Bill into force, nor does it alter the current copyright regime governing creators, music users and licensees.

Chola Makgamathe, general manager: legal at Samro

The court found that some of the provisions referred to it, including fair use, were not unconstitutional on the specific grounds raised by the president, while declaring other provisions unconstitutional and requiring parliament to address them before the bills can proceed.

"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," says Chola Makgamathe, general manager: legal at Samro. "Further parliamentary processes must still take place and stakeholders retain the right to challenge any enacted provisions should constitutional concerns arise in future."

No immediate changes for creators or music users

Samro wishes to reassure members and licensees that the Copyright Act of 1978 remains in force and there are no immediate changes to the rights of creators or the obligations of music users. All existing Samro licences remain valid and enforceable.

Ongoing concerns around fair use

Although the court did not find the proposed fair use provision unconstitutional on the president's stated grounds, Samro maintains that a broad fair use framework demands rigorous framework to ensure copyright owners are not unfairly prejudiced.

The organisation notes that, internationally, fair use regimes have led to extensive litigation as courts determine where legitimate exceptions end and infringement begins. In an increasingly digital marketplace dominated by global technology platforms and AI-powered content ecosystems, creators require legal certainty and effective mechanisms to protect and monetise their work.

“Samro supports copyright reform that enables education, innovation and access to knowledge,” says Makgamathe. “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.”

A balanced path forward

Samro has been actively involved in the copyright reform process over the past decade, alongside the Copyright Coalition of South Africa and other industry stakeholders. Throughout this period, the organisation has consistently advocated modern copyright legislation that supports innovation while protecting creators' constitutional property rights and livelihoods.

The Constitutional Court's judgment now requires parliament to address the provisions declared unconstitutional before the bills can proceed further 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,” says Makgamathe. “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.”

Commitment to members

Samro will continue to analyse the implications of the judgment, engage with lawmakers and sector stakeholders, and keep members and licensees informed as the legislative process unfolds.