1 November 2022, Lexology, South Africa

Confirmation by the Constitutional Court

The High Court’s order was sent to the Constitutional Court for confirmation (as is required for declarations of constitutional invalidity), and various parties entered the fray as amici (friends) of the court, namely, South African copyright expert, Professor Owen Dean, Media Monitoring Africa Trust and the International Commission of Jurists. Judge Unterhalter’s judgment was handed down on 21 September 2022. The court unanimously confirmed the order of constitutional invalidity made by the High Court. We’ll discuss various aspects of the judgment:

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