The High Court in Pretoria found that the decision to classify the controversial film, Inxeba – the wound, as X18 be set aside as it is not hardcore porn.
Judge Joseph Railinga found that the Film and Publications Appeals Tribunal flagrantly disregarded the rules of PAJA – an Act of Parliament that state both parties must have a fair opportunity to make representations to a tribunal.
He said the Man and Boy Foundation had no grounds to appeal the initial classification of 16 and that the appeals tribunal had no jurisdiction to hear the appeal and therefore set the decision aside.
The film producers approached the court after the Appeals Tribunal overturned the Film and Publications Board’s (FPB) rating and gave the movie an X18 rating. The Film and Publications Board had initially given the movie a 16SL rating.
The X18 rating by the Appeals Tribunal meant that the film was effectively rated as pornography and could only be viewed at adult stores.
The film producers however wanted the court to return the original FBP rating of 16SL. They argued that the Appeals Tribunal never followed proper procedure in rating the movie X18.
The film producers also alleged that they were never given an opportunity to make oral submissions by the Tribunal.
