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| Censors repeal 'over 16' rating for Jacob Zuma penis painting | Censors repeal 'over 16' rating for Jacob Zuma penis painting |
| (6 months later) | |
| It now seems an almost innocent time. Earlier this year the burning political issue in South Africa was a painting of the president with his genitals exposed. That was before police opened fire on striking miners, killing dozens, and the nation was swept by a wave of industrial unrest. | It now seems an almost innocent time. Earlier this year the burning political issue in South Africa was a painting of the president with his genitals exposed. That was before police opened fire on striking miners, killing dozens, and the nation was swept by a wave of industrial unrest. |
| But while President Jacob Zuma has been criticised for a muted response to the mining crisis, his supporters have mobilised in a furious campaign to ban Brett Murray's painting The Spear. | But while President Jacob Zuma has been criticised for a muted response to the mining crisis, his supporters have mobilised in a furious campaign to ban Brett Murray's painting The Spear. |
| At first the censors agreed, and classified The Spear as unsuitable for those under 16. But now they have reversed their decision, rejecting the argument that the artwork is offensive to African culture. | At first the censors agreed, and classified The Spear as unsuitable for those under 16. But now they have reversed their decision, rejecting the argument that the artwork is offensive to African culture. |
| Prince Mlimandlela Ndamase, spokesman for South Africa's Film and Publication Board, said its appeal tribunal "has set aside the classification decision" after meeting about two weeks ago. | Prince Mlimandlela Ndamase, spokesman for South Africa's Film and Publication Board, said its appeal tribunal "has set aside the classification decision" after meeting about two weeks ago. |
| The tribunal found that the classification board had been "heavily influenced… by the need to affirm the dignity of African males and to protect sensitive persons and children". | The tribunal found that the classification board had been "heavily influenced… by the need to affirm the dignity of African males and to protect sensitive persons and children". |
| But there had been no evidence before the board that "the painting would be harmful to children on the grounds that it seriously undermines and is insensitive to African culture". | But there had been no evidence before the board that "the painting would be harmful to children on the grounds that it seriously undermines and is insensitive to African culture". |
| The argument that the presence of nudity in the painting by default deems it "potentially disturbing, harmful or inappropriate to children" is flawed, the tribunal added. "It would mean that every artistic work that contained nudity would be deemed presumptively harmful to children." | The argument that the presence of nudity in the painting by default deems it "potentially disturbing, harmful or inappropriate to children" is flawed, the tribunal added. "It would mean that every artistic work that contained nudity would be deemed presumptively harmful to children." |
| The tribunal also upheld the classification board's finding that The Spear was not pornographic. | The tribunal also upheld the classification board's finding that The Spear was not pornographic. |
| The Goodman Gallery in Johannesburg, which originally displayed the painting, had challenged the original "16N" rating on the ground that it was "impermissible and unsustainable". | The Goodman Gallery in Johannesburg, which originally displayed the painting, had challenged the original "16N" rating on the ground that it was "impermissible and unsustainable". |
| Lara Koseff, a spokeswoman, said: "We are delighted with the result and certainly feel vindicated. | Lara Koseff, a spokeswoman, said: "We are delighted with the result and certainly feel vindicated. |
| "This victory has cemented the gallery's mission to uphold its status as an activist space dedicated to nurturing freedom of creative expression in South Africa. It has also set a crucial precedent for the future of visual art in this country. We believe that it was extremely important to legally challenge the principle of censorship of the arts." | "This victory has cemented the gallery's mission to uphold its status as an activist space dedicated to nurturing freedom of creative expression in South Africa. It has also set a crucial precedent for the future of visual art in this country. We believe that it was extremely important to legally challenge the principle of censorship of the arts." |
| Koseff welcomed the overturning of the presumption that the display of nudity was harmful to children. "The argument would imply that Pablo Picasso's Nude Youth painting and Michelangelo's sculpture David would be deemed presumptively harmful for children." | Koseff welcomed the overturning of the presumption that the display of nudity was harmful to children. "The argument would imply that Pablo Picasso's Nude Youth painting and Michelangelo's sculpture David would be deemed presumptively harmful for children." |
| The Spear caused uproar when it went on show at the gallery in May. Zuma said in court documents that the artwork undermined his constitutional right to dignity. Its portrayal of his genitals was widely seen by his supporters as a racist attack on his culture and polygamous ways. | The Spear caused uproar when it went on show at the gallery in May. Zuma said in court documents that the artwork undermined his constitutional right to dignity. Its portrayal of his genitals was widely seen by his supporters as a racist attack on his culture and polygamous ways. |
| But the gallery and the artist defended their right freedom of expression. Murray said in a legal affidavit that it was part of an exhibition criticising the ruling African National Congress for greed and corruption. He also said that details of Zuma's sex life had become part of the public debate in South Africa. | But the gallery and the artist defended their right freedom of expression. Murray said in a legal affidavit that it was part of an exhibition criticising the ruling African National Congress for greed and corruption. He also said that details of Zuma's sex life had become part of the public debate in South Africa. |
| "I am not a racist," Murray said. "I do not produce art with an intention to hurt, humiliate or insult." | "I am not a racist," Murray said. "I do not produce art with an intention to hurt, humiliate or insult." |
| The painting was later taken down after two men defaced it with paint, claiming they were acting independently of each other in defence of the president. | The painting was later taken down after two men defaced it with paint, claiming they were acting independently of each other in defence of the president. |
| On Thursday, Blade Nzimande, the higher education minister and a Zuma ally who was outspoken against The Spear, condemned the board's reversal. "It is wrong," he told the Guardian. "This painting is disgusting and insulting to the president. | On Thursday, Blade Nzimande, the higher education minister and a Zuma ally who was outspoken against The Spear, condemned the board's reversal. "It is wrong," he told the Guardian. "This painting is disgusting and insulting to the president. |
| "We take this very seriously. We feel it is an insult to the black majority in this country. We feel our act of reconciliation is being taken for granted by the white population." | "We take this very seriously. We feel it is an insult to the black majority in this country. We feel our act of reconciliation is being taken for granted by the white population." |
| Asked if the ANC had a reaction, its national spokesman, Jackson Mthembu, replied by text message: "No." | Asked if the ANC had a reaction, its national spokesman, Jackson Mthembu, replied by text message: "No." |
| In August another painting of Zuma with his penis exposed went on display in Cape Town. But Ayanda Mabulu's work, Umshini Wam, raised barely a few murmurs. | In August another painting of Zuma with his penis exposed went on display in Cape Town. But Ayanda Mabulu's work, Umshini Wam, raised barely a few murmurs. |
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