The battle for the reversal of the reclassification of Inxeba (The Wound) as an X18 rated film continues and the producers will not back down. Through their attornies, Webber Wentzel, Inxeba producers served The FPB Appeals Tribunal with a lawsuit on Saturday, 24 February, seeking an urgent interdict overturning the reclassification of the film.
You can read their application here: www.indigenousfilm.co.za
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 producer Cait 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 for excellence internationally and within South Africa. Harvard University, Oxford University and various South African tertiary institutions have shown interest in including ‘Inxeba’ in their curriculums and programmes.”
Helen Kuun, MD of Indigenous Film Distribution, says “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.”
He also finds it worrysome that the Appeals Tribunal reached this decision without giving the distributor and producer a proper opportunity to make submissions on the matter.
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. “Please do not support piracy,” says Kuun. “We are working hard to find legal avenues to make the film available to all those who want to see it.
The South African Federation Against Copyright Theft (SAFACT) will be instituting legal procedures against any business or individual breaching the intellectual property rights held by ‘Inxeba’. To report piracy send an email to firstname.lastname@example.org