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Enforcement Committee

The functions of the Enforcement Committee are set out in section 6B (1)(a) of the FP Act, which states that the Enforcement Committee shall:

FPB v Redtubes

The Applicant filed a Notice of Referral of Non-Compliance against the four Respondents in terms of section 6B of the Film and Publication Act 65 of 1996 (“FP Act”) read together with Rule 9(1) of the Enforcement Committee Rules, 2023.

FPB v Epic Games

This is an application for an alleged noncompliance by the Respondent with the provisions of the Films and Publications Act No 65 of 1996 as amended (“the FP Act”).

FPB v Brazzers

This matter was referred to the Enforcement Committee for adjudication in terms of section 6B of the Films and Publication Act No: 65 of 1996 as amended (“the FP Act”), read with Rule 9(1) of the Enforcement Committee Rules, 2023.

FPB v MzansiFuns

This is a referral in terms of Rule 3 of the Rules of the Enforcement Committee.

FPB v Cultpixs

This matter was referred to the Enforcement Committee in terms of Rule 9(3) of the Enforcement Committee Rules for investigation and adjudication of allegations of failure by the Respondents to comply with the provisions of the Films and Publications Act No. 65 of 1996 as amended (“the FP Act.”).

FPB v Bob Shop_Bid or Buys

This matter was referred to the Enforcement Committee in terms of Rule 9(3) of the Films and Publications Act No 65 of 1996 as amended (“FP Act”) for adjudication, and a sanction in the event of a finding of non-compliance with the provisions of the Act.

FPB v Reality TV Reality Kings

In this matter, the Applicant filed a Notice of Referral of noncompliance against the Respondent alleging failure to comply with provisions of the Films and Publications Act No 65 of 1996 as amended (FP Act).

FPB v Trendy VR Worlds

This matter was referred to the Enforcement Committee in terms of section 6B of the Films and Publications Act No 65 of 1996 as amended (FP Act), for a hearing and adjudication. It was alleged that the Respondent had failed to comply with section 18(1)(a) and section 18(1)(b) of the FP Act.

FPB v Game Xs

This matter was referred to the Enforcement Committee in terms of section 6B(1) of the Films and Publications Act 65 of 1996 as amended (the FP Act).

FPB v Pleasure Palace Edenvales

In this matter, the Applicant alleged that the Respondent, a distributor of adult material, failed to comply with section 18(1)(a) and 18(1)(b) of the Films and Publications Act No 65 of 1996 as amended (“the FP Act”).

FPB v Mubi and Efe Carakels

This matter was referred to the Enforcement Committee in terms of Rule 9(3) of the Enforcement Committee Rules for investigation and adjudication of allegations of non-compliance with the Films and Publications Act No.65 of 1996 as amended (the FP Act) by the Respondents.

FPB v NOOR Plays

This matter was referred to the Enforcement Committee for adjudication in terms of Section 6B of the Films and Publications Act No 65 of 1996 as amended (“the FP Act). It was alleged that the Respondent had failed to comply with section 18(1)(a) and section 18(1)(b) of the FP Act.

FPB v TV YaBantuRs

At the outset, it is necessary to state that this matter is not your run of the mill case. Although it cannot be described as a complex matter, it required special care as it raised a unique legal question, that is, whether the cultural role of the films (videos) concerned, legally, placed such videos on a different footing than other films or videos.

Notice of enforcement Committee hearing

In accordance with the Enforcement Committee Rules of the Film and Publication Board (FPB), members of the public are hereby informed of the upcoming Enforcement Committee hearing/s scheduled as follows:

Enforcement Committee Rulings

[1] There are two matters, which for convenience were heard together in one hearing as they involved the same issue. For the same reason, only one judgment has been prepared and issued for both matters.

Hearing Notice

In accordance with the Enforcement Committee Rules of the Film and Publication Board (FPB), members of the public are hereby informed of the upcoming Enforcement Committee hearings scheduled as follows:

Hearing Notice

In accordance with the Enforcement Committee Rules of the Film and Publication Board (FPB), members of the public are hereby informed of the upcoming Enforcement Committee hearings scheduled as follows:

Investigate

Investigate all cases referred to it by the FPB for adjudication in respect of noncompliance with any provision of the FP Act by a distributor, exhibitor or any other person to whom the Act applies, except persons to whom sections 24A, 24B, 24C and 27A (2), (3) and (4) apply.

Adjudicate

Adjudicate all cases and make appropriate findings, after the FPB and the respondent have been heard or granted a reasonable opportunity to be heard.

Hear Evidence

Hear evidence under oath or affirmation or evidence by affidavit and come to a finding when it is convinced on a consideration of all the facts before it that such a finding is fair, reasonable and justified.

Take appropriate action

(i) Impose a fine. (ii) As prescribed, suspend a registration certificate. (iii) Refer a matter to the National Director of Public Prosecutions for prosecution. (iv) Where a fine is not paid, at the instance of the Chief Executive Officer of the FPB, apply to a court for the enforcement of such a fine as a civil debt to the FPB.

Notice of enforcement committee hearing

In accordance with the Enforcement Committee Rules of the Film and Publication Board (FPB), members of the public are hereby informed of the upcoming Enforcement Committee hearing/s scheduled as follows:

Notice of enforcement committee hearing

In accordance with the Enforcement Committee Rules of the Film and Publication Board (FPB), members of the public are hereby informed of the upcoming Enforcement Committee hearing/s scheduled as follows:

The Enforcement Committee is therefore a quasi-judicial body noting that it has partly judicial characteristics where it is empowered to conduct investigations on claims which are disputed, hold hearings, assess the veracity of contraventions of the provisions of legislations and regulations and impose sanctions where they have established such contraventions in a similar fashion as courts.

Enforcement Committee Members

Chairperson: Hon. Justice Thokozile Matilda Masipa

Member: Mr. Fancois Beukman

Member: Dr. Adv. Nzumbululo Silas Siphuma

Member: Ms Nalini Maharaj

Film and Publications Board