A part-time Johannesburg actor has applied for leave at the High Court in Pretoria to not participate in a film as he is not comfortable with its sex scenes, The Star newspaper reported on Thursday.

Lushen Naidoo was ordered last month by Judge Ferdi Preller to continue playing his role in the film ?And Now??, with conditions including the film?s producer Natalie Raphil give him the script and shooting schedule.

At the time, Raphil said Naidoo?s withdrawal would cause her and the film?s crew irreparable harm.

Naidoo was in court on Wednesday to appeal the order, stating the sex scenes affected his physical and mental health, with his girlfriend also not happy, according to the newspaper.

Raphil?s advocate asked the court to order Naidoo to comply with the previous order even though the matter was pending appeal.

Judge Preller said that even in Hollywood, actors could not be forced to participate in ?pornographic scenes? against their will.

While Raphil?s representative said Naidoo was only required to simulate sex, Preller said after reading the script: ?It seems like the real McCoy?.

Preller suggested that Naidoo be written out of the film.

A ruling is expected on Thursday.

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