Court sets date for SARA Versus NAC over implementation of Public Protectors’ remedial actions over Expired Projects and Surplus Funds Policy
By Edward Tsumele, CITYLIFE/ARTS Editor
The row between the arts funding body National Arts Council (NAC) and the Newtown based Non- Profit Organisation the South African Roadies Association (SARA) as to whether the NAC has fully implemented the Public Protector’s remedial actions over the issue of the controversial Expired Projects and Surplus Funds Policy will eventually be decide by the Courts.
This follows the Court’s decision to set the date for the hearing for April 29, 2024, information that CITYLIFE/ARTS understands was confirmed to the parties this week on February 14, 2024. In its Heads of Argument SARA argues that the arts funding body has not fully implemented the remedial actions of the public protector of 2020, that the Public Protector ruled was as its stood, possibly illegal and was open to abuse by officials. This followed a complaint launched with the Public Protector by SARA.
SARA asks the court to compel the NAC to fully implement the remedial actions of public protector.
In its Founding Affidavit SARA essentially argues that the new policy is not adequate in meeting the requirements of the Public Protector’s remedial action. It identifies the NAC as First Respondent, Minister of Sport, Arts and Culture as Second Respondent, and the Public Protector as Third Respondent. The Minister and the Public Protector are not opposing SARA’s Court Action, leaving NAC to fight it out alone in Court with SARA.
The Case will be heard in the High Court of South (Gauteng Division, Johannesburg) on April 29, 2024. This event is a culmination of several bruising battles between the NAC and SARA, which saw the former dragging SARA President Freddie Nyathela to Court for defamation of character for Twists that go as far back as 2018. Therefore there seems to be love lost between the two parties, making this court case one to be closely watched by the arts sector as the drama will unfold before a judge come April 2024.
Contacted for comment SARA President had this to say last night: “SARA is invigorated that the High Court has set down the date of the 29 April 2024 for the hearing of this unfortunate long dragging matter. The law must take its course and SARA is looking forward to litigating in the general public interest, especially the spare of the Arts and the benefit of all aggrieved participants in this sphere.”
CITYLIFE/ARTS was unable to get comment from the NAC last night.