New twist to court showdown over ‘Inxeba’
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.