South Africa basically has followed something that the United States and Israel have been doing for many years. I argue that it has also been the law in Canada for many years, even though we don't really know that this is the law. We don't have such magic words in the fair dealing provision.
The point is that they would be moving into adopting fair dealing as an open, flexible, and general exception that could apply potentially to any purpose, subject to a criterion of fairness, as opposed to a system where by default, unless Parliament had contemplated a particular use in advance, it is unlawful unless the copyright owner agreed to do that.
The problem with the model that relies on specific exceptions and a closed list of exceptions is that it requires Parliament to have the magic ability to foresee things that happen in the future. When we're talking about innovation, by definition the nature of innovation is that there are things we don't think of as existing today. If innovators, in order to do what they're doing, need to get permission or go to Parliament and get Parliament to enact a specific exception to do that, very few innovators would do so, because if you are a true innovator, the limited amount of time, money, and effort you have, you want to put into your innovation. You don't have the money to hire or entertain lobbyists.
A system that relies on closed exceptions necessarily reflects the interests of the status quo and does not allow breathing room for true innovators. However, an open and flexible system gives true innovators an ability to at least have their day in court. They could come and say that what they're doing is actually fair. They could show the benefits, show why the harms do not exist or are exaggerated and why the benefits outweigh the harm.
They can do that. If they have a good case, they will prevail. If they don't, they won't. However, at least they have the opportunity of doing that. If what they have to do is convince Parliament to allow them to do that, they won't do it.