Dispute between National Arts Council and South African Roadies Association undermines artistic expression, says Freedom of Expression institute
The institute has called for new Minister of Sport, Arts and Culture Gayton McKenzie to intervene and appoint an independent board to look into the dispute.
By Edward Tsumele, CITYLIFE/ARTS Editor
Freedom of Expression Institute (FXI) has entered the fray of a long dragging dispute between the Department of Sport, Arts and Culture and its arts funding agency the National Arts Council of South Africa (NAC) on one and the Non Profit Organisation South African Roadies Association (SARA).
The dispute that has taken a litigious turn in the past few weeks relates to how the current NAC board is constituted as well as a controversial policy made by the NAC Board that sees the agency accumulate funds from what it says are unclaimed funds by artists and arts organisations that it retains. Those funds are believed to run into millions of Rand, argues SARA President Freddie Nyathela, who believes that instead the money should be put back into art development.
With regards to the constitution of the board, SARA says a portion of the members were irregularly appointed, without following procedures laid down in the law pertaining to how the NAC operates and therefore must be disbanded. At dispute in this regard are the provincial representatives’ portion of the NAC board and how they were appointed. SARA has approached the courts to seek relief in that regard. The case is still to be heard.
Regarding the disputed policy at the centre of this tug of war between these arts players, the case has been heard before the South African High Court in June. The court has reserved judgment.
However in a statement released by the Freedom of Expression Institute yesterday, July 4, 2024, in light of Cyril Ramaphosa having announced the appointment of Gayton McKenzie as new Minister of Sport, Arts and Culture, the institute says a new chapter should be opened as this dispute in fact undermines artistic expression. The institute is therefore calling for McKenzie to attend to this issue urgently, including appointing an independent board to look into the dispute.
“As a new Minister of Sports, Arts and Culture Gayton McKenzie starts his tenure the Freedom of Expression Institute today raised concern about the longstanding dispute between the National Arts Council (NAC) and the South African Roadies Association (SARA). At its core, the dispute encompasses allegations of the Minister of Sports, Arts and Culture having acted ultra vires, NAC provincial representatives having been nominated and appointed without following the correct procedure and the retention and spending of surplus funds accumulated between 2015 and 2023 without the concurrence of the Finance Minister.
“This dispute neither serves the interests of artists nor the structures tasked with funding the creative sector but instead undermines artistic expression. The focus should be less on SARA but on the allegations it has brought to the fore and which it continues to back up with litigation and an application for access to records held by National Treasury and the Ministry of Finance. The creative sector would be better served by a thorough but swift independent investigation into these allegations so that Minister McKenzie can start formulating policy and plans for the creative sector on solid information.
Freedom of expression in general and artistic expression in particular has come a long way since being enshrined in our Constitution 30 years ago. But looking back it is clear that better care could have been taken of the creative sector and that this dispute provides an opportunity to start the next 30 year on much more transparent and better footing,” the statement seen by CITYLIFE/ARTS, signed by its executive director Samkelo Mokhine reads.