Daily Dispatch

New twist to court showdown over ‘Inxeba’

- By KARYN MAUGHAN

AWARD-winning movie Inxeba’s porno classifica­tion has been overturned by the Pretoria High Court on the grounds that it was procedural­ly unlawful.

But Judge Joseph Raulinga has stressed that Inxeba (The Wound)‚ which depicts a homosexual relationsh­ip between two men at an initiation school‚ violated the right to dignity of AmaXhosa people.

He added: “If cultural beliefs and practices are to be considered‚ the film is harmful and disturbing and exposes 16-year-olds to the sexual conduct depicted in the film. The film included language which was degrading to Xhosa women and further exposes women to societal violence such as rape. It contains harmful scenes which could cause tensions within the Xhosa community and even the broader African community. By implicatio­n it has an effect on the rights of the Xhosa.”

Raulinga stressed that the Inxeba filmmakers’ rights to freedom of expression could not override the right to dignity of Xhosa people.

“The ritual of initiation and circumcisi­on is central to the Xhosa people‚ to their very existence and identity. The practice … is a right of passage to manhood and fatherhood.

“Initiation or circumcisi­on is strongly believed to be sacred‚ not only by the AmaXhosa‚ but by the majority of African people. Sexual intercours­e is a taboo subject in the context of initiation‚ which should not even be spoken about‚ let alone practiced. It contradict­s the idea of ritual purity‚ which is the cornerston­e of circumcisi­on.”

Despite the judge’s belief that the movie’s content could be harmful if cultural rights were considered, he said the process followed by the Film and Publicatio­ns Board Appeals Tribunal in reclassify­ing the film was unlawful and procedural­ly unfair. He slammed the Appeals Tribunal for failing to give

Inxeba’s producers the chance to argue against the reclassifi­cation or to participat­e in the decision, “and no proper opportunit­y to influence the outcome of the decision”.

Furthermor­e‚ he said‚ the traditiona­l leaders and cultural rights organisati­ons who had turned to the Appeals Tribunal to reclassify the film had no legal standing to do so.

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