SARA’s Court application to dissolve “irregularly constituted” National Arts Council Board sails to court unopposed
The motion is scheduled to be heard on November 7, 2024 at the Southern Gauteng High Court in Pretoria on an unopposed basis.
By Edward Tsumele, CITYLIFE/ARTS Editor
The long running matter between the South African Roadies Association (SARA, a Newtown, Johannesburg based Non-Profit Organisation (NPO) that skills the youth in live events technical production skills and the National Arts Council (NAC), the leading national arts funding agency of the Department of Sport, Arts and Culture is headed to court in November, CITYLIFE/ARTS can reveal.
The issue centres on SARA’s claims in its affidavit deposed with the High Court in Pretoria in May that claims that the NAC Council (The board that governs the NAC) as currently constituted, is illegal as the process of appointing provincial representatives did not follow due process of the law. The organisation is therefore demanding that the court orders the Minister of Sport, Arts and Culture to dissolve the NAC board.
Minister Gayton McKenzie initially indicated that he was going to oppose SARA’s motion, and so did the NAC. However as it stands, after both the NAC and the Minister had filed their initial notice of intention to oppose SARA’s application, they have not filed their affidavits within the time limit given by the court, CITYLIFE/ARTS, understands.
In court papers seen by this publication, the Southern Gauteng High Court in Pretoria has scheduled the case to be heard on an unopposed basis for November 7, 2024.
The publication yesterday contacted both the NAC and Minister McKenzie’s spokesperson Cassiday Rangata-Jacobs to confirm that the Minister and the NAC are no longer opposing SARA’s motion. By the time of publishing, CITYLIFE/ARTS had not received a response from the Minister’s office.
The NAC told the publication that the agency was still in consultation with their legal team.
“We are still in consultation with our legal team and cannot at this stage provide you with a definitive response,” said Reshma Bhoola speaking on behalf of the NAC.
Freddie Nyathela the President of SARA confirmed to CITYLIFE/ARTS when contacted for comment that the motion is scheduled to be heard on an un opposed basis on November 7, 2024, at the South Gauteng High Court in Pretoria.
In its affidavit SARA cites the Minister of Sport, Arts and Culture as First Respondent, the National Arts Council of South Africa as Second Respondent and the other nine respondents are the Provincial Members of the Executive Committees (MECS) of the Departments of Sport, Arts and Culture.
Out of the nine provincial departments cited, the Western Cape Provincial Department of Sport, Arts and Culture has respondent to SARA’s application, indicating that it is not opposing the motion, and therefore will abide by the Court decision.
The following is the timeline of the legal manoeuvres by the role players in the case:
- 24 May 2024 SARA filed a court application at the High Court, Pretoria, which seeks to dissolve the “unlawfully” constituted council of the National Arts Council (NAC).
- 27 May 2024, complete court application served to the Minister and the State Attorney, Pretoria.
- 10 July 2024 State Attorney, Pretoria representing the Minister & Others filed a Notice to Oppose SARA’s court application
- 14 August 2024 State Attorney , Western Cape representing the 11th Respondent filed a Notice to Abide by the decision of the Honourable Court.
- 29 August 2024 SARA’s Attorneys filed for a court date for the matter to be enrolled on an unopposed roll.
- 06 September 2024 South Gauteng High Court, Pretoria, scheduled the matter to be heard on 7 November 2024 on an unopposed motion.
The term of office of the current NAC board comes to an end on December 31, 2024, and currently the minister is in the process of appointing a new board for the NAC with a call for application for new board members having been recently issued.
McKenzie halts plans to amalgamate state owned arts entities
In the meantime in an unrelated matter, the Minister has halted the plans to amalgamate arts and culture agencies including the National Arts Council with the National Film and Video Foundation, as well as state owned theatres such as the Market Theatre, South African State Theatre, The Performance Arts Centre Of Free State, The Durban Playhouse and Arts Cape to form one super structure with one super chairman. If those plans, which were hashed before McKenzie’s arrival at Sechaba House, 202 Madiba Street, Pretoria, by his predecessors, this would have created an operationally complex structure for the entities, stakeholders in the creative and cultural sector have previously indicated as those plans caused consternation within the sector. Therefore the change of heart has brought relief to the sector and those institutions that were targeted for amalgamation, including state owned museums.
“This communication serves to inform you that I have taken a decision to cancel the amalgamation of public entities project as recommended by the feasibility study conducted by the Department. This effectively means that all public entities of the Department will remain as stand-alone schedule 3A public entities. Where gazetting to amalgamate public entities was done, this will be withdrawn by a Government Gazette notice nullifying the amalgamation of the concerned public entities. Also please take note that the moratorium on filling vacancies permanently, which was placed on recruitment due to amalgamation, is now lifted.
“I would like to express my gratitude for the work that public entities are doing in delivering on their mandate,” McKenzie’s letter partly reads.