Johannesburg - South African film Of Good Report has been cleared after a challenge by the organisers of the Durban International Film Festival where it was meant to be the opening feature last week.
The film, directed by XT Qubeka, will now be screened on Sunday, the final day of the festival.
The offending sequence in Of Good Report shows the first sexual encounter between Parker Sithole, a schoolteacher, and Nolitha, the schoolgirl of 16 with whom he has an affair. Petronella Tshuma, 23, plays the part of Nolitha.
Under the Film and Publications Act of 1996 (amended in 2009), the Film and Publication Board (FPB) classifiers are required to stop watching a film the moment they see depictions of sex with someone under the age of 18.
The offending scene in Of Good Report falls about 28 minutes into the film.
The FPB said it was "very disappointed and saddened" by the move to set aside its decision by its appeals tribunal.
"The film Of Good Report falls within the definition of child pornography," the FPB said, maintaining that their decision "was and remains correct".
The board had refused to classify the movie.
It has now received the nod for viewers aged 16 and above with warnings of sex, nudity, violence and strong language.
Legally, the creation, production, possession, and distribution of child pornography is a criminal offence.
The Freedom of Expression Institute described the decision to bar the film as a "rigid and simplistic interpretation of the law".
The film, directed by XT Qubeka, will now be screened on Sunday, the final day of the festival.
The offending sequence in Of Good Report shows the first sexual encounter between Parker Sithole, a schoolteacher, and Nolitha, the schoolgirl of 16 with whom he has an affair. Petronella Tshuma, 23, plays the part of Nolitha.
Under the Film and Publications Act of 1996 (amended in 2009), the Film and Publication Board (FPB) classifiers are required to stop watching a film the moment they see depictions of sex with someone under the age of 18.
The offending scene in Of Good Report falls about 28 minutes into the film.
The FPB said it was "very disappointed and saddened" by the move to set aside its decision by its appeals tribunal.
"The film Of Good Report falls within the definition of child pornography," the FPB said, maintaining that their decision "was and remains correct".
The board had refused to classify the movie.
It has now received the nod for viewers aged 16 and above with warnings of sex, nudity, violence and strong language.
Legally, the creation, production, possession, and distribution of child pornography is a criminal offence.
The Freedom of Expression Institute described the decision to bar the film as a "rigid and simplistic interpretation of the law".