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ARTICLE · 10 SEPTEMBER 2024

Software In Computer Programmes – A South African Judgment

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This article discusses a recent South African judgment dealing with alleged copyright infringement of a computer programme, Emisha Software (Pty) Ltd v Servsol Software Solutions CC and others

South AfricaIntellectual Property
Delene Bertasso
Delene Bertasso
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This article discusses a recent South African judgment dealing with alleged copyright infringement of a computer programme, Emisha Software (Pty) Ltd v Servsol Software Solutions CC and others, 6 June 2024, Ntlama- Makhanya AJ.

The judgement offers a basic overview of South African copyright law as it now is, which readers may find helpful, noting that the copyright legislation is in the process of being amended and modernised.

The applicant is Emisha Software ("Emisha") which considers itself to be the sole owner of a computer programme known as the Insurance Guard System programme ("the IGS programme"). Emisha felt that its copyright in the IGS programme had been infringed by a company called Servsol Software Solutions CC ("Servsol") the respondent. Emisha launched High Court proceedings in which it sought, inter alia:

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