Playwright and songwriter Mbongeni Ngema — barred by a court order from marketing his controversial song amaNdiya — has been granted permission by another judge to promote the record, Durban news reports have said.
The move follows an order made on Friday by Durban High Court judge Jan Hugo.
The reports said Ramesh Jethalal obtained an interim interdict on June 10, which was granted by Judge Philip Levinsohn, restraining Ngema from publishing, marketing, distributing and selling the song — panned by critics as being anti-Indian.
Earlier this week, Jethalal asked for the order to be extended until the application was finalised. The application will be finalised on July 12
However, in his judgement on Friday, Justice Hugo said: ”What I am concerned with at this time is simply the continuation of the interim relief that was granted as part of the original court order.
”I am entitled to revisit that order since the learned judge did not have the benefit of an answer or argument on behalf of the respondent when he made the order,” he said.
The judge said the interim interdict would be set aside. He gave Jethalal until July 10 to file a replying affidavit. The application will be finalised on July 12.
The song was banned from the airwaves after the Broadcasting Complaints Commission found it amounted to hate speech. – Sapa