The Film & Publication Board (FPB) says it disagrees with the ludicrous decision to slap Inxeba (The Wound) with an X18 rating.
After the FPB initially classified the award-winning film as 16LS, the decision was appealed by Contralesa Gauteng and The Man and Boy Foundation.
The FPB Appeals Tribunal, which is an independent body from the FPB Council and Board, heard the appeal and then reclassified Inxeba as a pornographic film. The decision has been widely slammed as homophobic and unjustifiable.
It’s now been confirmed that the FPB is also opposed to the Tribunal’s X18 rating and stands behind its original 16LS classification.
This was stated in a scathing affidavit in response to a lawsuit filed by the film’s producers and distributors over the weekend.
According to Sandile Nene, FPB’s Acting Chief Executive Officer, the FPB does not oppose the court action and believes that the X18 rating is unwarranted.
Nene said that the rating “cannot be supported”, is not in line with classification guidelines and that the Tribunal incorrectly applied the law in its controversial decision.
“There is simply no basis” or “logical reasoning” to classify the film” as X18, insisted Nene, who also rejected the Tribunal’s claim that the film is without merit.
“Considering that it has won multiple awards around the world and was shortlisted for an Oscar nomination, “it is extremely difficult to conclude that the film does not have dramatic or artistic merit,” said Nene.
Nene added: “The public does not seem to make a distinction between the Tribunal and Board and it is important that the position of the Board should be made clear in public that it does not support the award (rating).”
The Congress of Traditional Leaders (Contralesa) Gauteng, The Man and Boy Foundation and The Appeals Tribunal have filed notice that they will oppose the interdict lodged by the film’s producers to reverse Inxeba’s X18 rating.
“Given the current rating of the film, it is also illegal and a criminal offence punishable by a five year prison sentence to view it anywhere on any platform, either free or paid for, legitimate or pirated. We are working hard to find legal means to make it available to fans.” said Helen Kuun, MD of Indigenous Film Distribution.
The matter is expected to be heard in court next week.