Judge to watch 'The Wound' as battle over its 'porn' classification rages

Just 48 hours after Inxeba (The Wound) scooped multiple awards at the South African Film and Television Awards (Saftas)‚ the Film and Publication Board's appeals tribunal continued to insist the movie has "no artistic merit" and should be classified with the same rating as hardcore porn.

North Gauteng High Court Judge Joseph Raulinga will view the full film on Monday as part of an ongoing legal battle over its X18 rating.

Indigenous Film Distribution and Urucu Media‚ the producers of the movie‚ are fighting to overturn its recent X18 reclassification by the board's tribunal. The film documents a gay relationship in the context of an isiXhosa initiation ritual‚ and was previously classified by the Film and Publication Board (FPB) as 16LS.

Earlier this month‚ the FPB distanced itself from its appeals tribunal after the latter changed the rating of the film to X18.

The FPB said many people are under the impression that the tribunal is part of the board‚ but it is a separate entity which is selected by the minister of communications.

"It is important that the position of the board should be made clear in public. The FPB does not agree with the X-rating and has never rated the film [as such]‚ but 16LS instead. The FPB has made it clear that the X-rating was imposed by the tribunal and that it was not a rating requested by the complainants."

The FPB tribunal insists there is "no reason" to overturn its rating‚ which it said was based on "explicit sexual conduct" in the film. It says it stands by its evaluation that the film is "of no scientific‚ dramatic or artistic merit".

The Man and Boy Foundation‚ Congress of Traditional Leaders of South Africa‚ South African Healers Association‚ Butholesizwe Cultural Development‚ Izinduna Zamakhosi and Ubuhle Bengcule are also all fighting for Inxeba to keep its X18 rating.

They are defending the tribunal's decision and maintain that their opposition to the movie is not based on homophobia‚ but rather on its portrayal of sexual contact within the context of the isiXhosa initiation ritual. Contralesa maintains there can be no sexual contact in the sacred space of the initiation school‚ regardless of whether such sexual conduct is homosexual or heterosexual.

Lawyers for the film's producers say the effect of the X18 rating will be that it can only be viewed or purchased at "adult premises ... known colloquially as 'sex shops'. Consequently‚ the practical effect of the decision is that even adults are prevented from seeing the film in cinemas."

They further argue that the decision to reclassify the film - which came after multiple traditional organisations appealed its 16LS rating - was "procedurally unlawful and unfair".

The producers say they were not given proper notice of the appeal process‚ and were not given an opportunity to make written submissions responding to the arguments raised by the traditional associations. They also accuse the tribunal of bending over backwards to accommodate the appeals of traditional leadership organisations‚ despite these appeals being six months too late.

This treatment‚ they say‚ left them with the "reasonable perception" that the board was biased against them. They also argue that the film contains "no explicit sexual content"‚ with the film's three sex scenes containing "implied" sexual content.

The tribunal doesn't agree with that assessment‚ meaning that it will be imperative for Judge Raulinga to view the film himself and evaluate its content‚ and its artistic merit.

He and lawyers for the parties - including heavyweight advocates Steven Budlender‚ Gilbert Marcus and Dali Mpofu - are expected to view the movie together on Monday‚ but that viewing will not be held in open court.

The case is set for hearing on Wednesday.