Indigenous Film Distribution (Pty) Ltd and Another v Film and Publication Appeal Tribunal and Others (3589/2018)
Indigenous Film Distribution (Pty) Ltd and Another v Film and Publication Appeal Tribunal and Others (3589/2018) [2018] ZAGPPHC 438; [2018] 3 All SA 783 (GP) (27 June 2018)
The Tribunal lacked jurisdiction to hear the appeal because the appellants did not have standing under section 20(1) of the Films and Publications Act. The Tribunal's procedure was unfair and did not comply with the audi alteram partem rule, as the applicants were not given adequate notice or opportunity to participate. The decision to classify the film as X18 was materially influenced by errors of law and failed to meet the statutory requirements. The balancing of freedom of expression and cultural rights must be done in accordance with the Constitution, but in this case, the Tribunal's proc…
Source excerpt
- Film Classification
- Freedom Of Expression
- Cultural Rights
- Procedural Fairness
- Locus Standi
- Promotion Of Administrative Justice Act