The producers of the film ‘Inxeba’ (The Wound) have turned to the courts to have the reclassification of the film overturned.
The Film and Publication Board’s Appeals Tribunal recently slapped the movie with an X18 rating, classifying it in the same category as hardcore pornography.
In a statement on Monday, the film’s producer Cait Pansegrouw said they “served a lawsuit on Saturday seeking an urgent interdict overturning the reclassification of the film from 16LS to X18.
She said among the reasons for the reclassification, were the Appeals Tribunal’s finding that there was no “scientific, educational and artistic value” in the film.
“Since there was no explanation on how the Tribunal reached this specific conclusion, it’s not easy to respond to it,” said Pansegrouw.
“What I can say is that it would be difficult to argue that our film lacks artistic value, given that it has won 20 awards of excellence internationally and within South Africa. Harvard University, Oxford University, various South African tertiary institutions, and local movements such as Equal Education also showed interest in including ‘Inxeba’ in their curriculums and programmes.”
The managing director of Indigenous Film Distribution, Helen Kuun,said that they noted with concern that while Contralesa Gauteng and The Man and Boy Foundation, both of which filed an appeal with the tribunal based on the perceived cultural insensitivity towards the Xhosa initiation tradition, requested a revised rating of 18, the Appeals Tribunal reclassified the film as X18, meaning that it can only be distributed from designated adult premises (sex shops), and forcing the immediate removal of the film from cinemas.
“We find this ruling sinister, as the ‘X18’ rating was not requested by the appellants, and it cannot be reasonably justified by anyone who has seen the film,” Kuun said.
It is also worrying that the Appeals Tribunal reached this decision without giving the distributor and producer a proper opportunity to make submissions on the matter. This is plainly unlawful.”
Kuun says that the producers and their legal team are awaiting a response to their urgent interdict by Tuesday, 27 February and plan to be in court next week.
In the meantime, the producers and distributor are asking members of the public not to watch, circulate or buy pirated copies of the film.
“We are working hard to find legal avenues to make the film available to all those who want to see it. Given the current rating of the film, it is also illegal and a criminal offence currently to view it anywhere, on any platform, either free or paid for. We are very encouraged by the support and enthusiasm of fans, but we urge patience while the legal process unfolds,” she said.
