Minister Zizi Kodwa dissolve “illegally constituted” NAC Council or else we go to court, demands South African Roadies Association

By Edward Tsumele, CITYLIFE/ARTS Editor

The Newtown based Non-Profit Organisation (NPO) South African Roadies Association (SARA) has escalated its grievances in relationship to all the Council members who sit on the National Arts Council (NAC) representing the nine provinces. SARA which runs a school that trains youth from disadvantaged backgrounds in live events as technicians, charges that all provincial representatives of the NAC were irregularly appointed, and therefore, the government arts body is therefore “illegally constituted” as it stands.

SARA through its lawyer this week has sent the Minister of Sport, Arts and Culture Zizi Kodwa a letter demanding the dissolution of the NAC Council in seven days, failure of which it may go to court to force the NAC Council to be dissolved.. Freddie Nyethela the President of SARA has confirmed to CITYLIFE/ARTS that indeed the association is demanding the dissolution of the council after asking for evidence of the “public and transparent” process having taken place prior to the appointment of those council members representing provinces.

The rest of the Council members (9) are appointed by the Minister as per law. CITYLIFE/ARTS has seen the letter that was sent to the Minister.
“The above appointments or nominations of the National Arts Council is unalwfully constituted and stands to be dissolved…We are therefore instructed to demand…that you, within seven days from date therefore announce a dissolution of the unlawfully constituted council of the National Arts Council, failing which we hold instructions to approach the High Court for an order declaring that unlawful constitution of the Council,” part of the letter reads.

“Only one province out of nine, which has provided a response (record) that is irrelevant as it speaks to the “Western Cape Cultural Commission” not the PAIA requested information “The record of the public and transparent election process electing the provincial representatives to serve in the National Arts Council in terms of section4(1) and (2) of the National Arts Council Act.

The NAC cannot be allowed to be led by an unlawfully constituted Council which undermines the rule of law.  There is a solid reason why section 4 (2) is included in the Act, and there is no section of the act that permits the MEC to nominate anyone to serve in the Council,” Nyathela said. 

CITYLIFE yesterday asked for comment from Minister Kodwa through his spokesperson Litha Mpondwana. The Department has provided a comprehensive response to SARA and to your previous query on the NAC Council. As per previous correspondences, there are no further developments to share. As we have previously stated, we will not litigate the matter between SARA and the Department publicly,” Mpondwana stated.

This latest development follows a sequence of events, including a letter that SARA sent to the Minister last month under the Promotion of Access to Information Act (PAIA), asking that the Department of Sport, Arts and Culture (DSAC) furnish the organization with evidence that due process took place in each province prior to the appointment of the provincial representatives portion of the NAC council. The news of the PAIA request was reported by CITYLIFE/ARTS in previous editions of the publication

(see here https://citylifearts.co.za/national-arts-council-rocked-by-claims-of-irregularity and also see here https://citylifearts.co.za/national-arts-council-plunged-into-yet-another-controversy ).

SARA told CITYLIFE/ARTS that that its request to DSAC produced no evidence of ever there having been a “public and transparent” process taking place in each respective province before the provincial members representing the provinces were appointed by the Minister in each respective province. Instead the Members of the Executive Councils (MECS) responsible for the sport, arts and culture, contrary to the NAC Act nominated the individuals that were eventually nominated by the national Minister to sit on the NAC Council. MECs are only supposed to oversee a “public and transparent“ process that must produce those whose names are eventually sent to the Minister to consider for appointment, the organization told CITYLIFE/ARTS yesterday. The term of the NAC runs as from January 1, 2021 to December 31, 2024. This means that this demands for the dissolution of the council comes eight months before its term comes to an end.
The latest development is a culmination of several correspondence between SARA and DSAC over several weeks. CITYLIFE/ARTS has seen the correspondence and below we publish the thread leading up to when the letter demanding the dissolution of the NAC was sent to the Minister this week.

PAIA REQUEST: SOUTH AFRICAN ROADIES ASSOCIATION – DEPARTMENT OF SPORTS, ARTS AND CULTURE

.01 March 2024 SARA attorney submitted a PAIA request to the
Department of Sports, Arts and Culture (DSAC) saying,
“The record of the public and transparent election
process electing the provincial representatives to
serve in the National Arts Council in terms of section
4(1) and (2) of the National ArtsCouncil Act as were
appointed by the Minister to assume office on the 01January 2021.”

.04 March 2024 DSAC responded to SARA attorney saying, “Your request interms of Section 18 of Act 2 of 2000 is hereby acknowledged by DSAC: Legal Services.”

.08 March 2024 DSAC email and letter to SARA attorney saying inter alia,“Kindly find attached hereto letter to inform you about the decisiontaken by the National Department
of Sport, Arts and Culture (DSAC) to transfer your
request for access in terms of Section 20 of Act 2 of
2000 to its nine (09) Provincial Departments. The nine
(09) Provincial Departments has been informed to
contact you for further action.”

.08 March 2024 DSAC letter to the Provincial Departments saying inter
alia, “Kindly provide the requester with the re whereby the public and transparent election process electing the Provincial representatives to serve in the National Arts Council in terms of Section 4 (1) and (2) of the National Arts Council Act of 1997, ( Act No 56 of
1997) as were appointed by the Member of the Executive
Council. To assume office on 01 January 2021. TheDSAC
is not in possession of the requested records of a public
body in terms of Section 18 (1) of PAIA.”

,14 March 2024 SARA attorney received email from the Western Cape
Department of Cultural Affairs and Sport saying, “We received your PAIA request as attached and are in the process of retrieving the relevant information.  We will revert to you shortly.”

.14 March 2024 SARA attorney received another email from the
Western Cape Department of Cultural Affairs and Sport
saying, “Please find attached the banking details of the
Department.  Kindly make payment of R100 fee and
submit proof of payment via return e-mail to ensure your
application is processed.”

.15 March 2024 SARA attorney emailed theWestern Cape Department
of Cultural Affairs and Sport saying,“Thank you for your
email and attach hereto proof of payment for the access
fee and look forward to hearing from you in due course.”

.18 March 2024 SARA attorney received another email from the
Western Cape Department of Cultural Affairs and Sport
Saying, “Receipt of your proof of payment Is
acknowledged.”

.27 March 2024 SARA attorney emailed DSAC saying, “Kindly note that
we have received an acknowledgement of receipt of the
transfer of the request from the Western Cape Provincial
government and nothing from the other eight (08)
provincial governments.”
.27March 2024 DSAC emailed SARA attorney saying,“Mr.Mthembu, as
per the provisions of PAIA, the National Department of
Sport, Acts and Culture (DSAC) transferred your request
for access to all nine Provincial Departments.As the
consequences of such transfer in terms of Section 20 of
Act 2 of 2000, is now the onus of the Provincial
Departments copied herein to liaise with you.  Kindly
find attached hereto acknowledgements of Western
Cape, KwaZulu Natal and Northwest Provincial
Departments. For more information, the nine Provincial
Departments will liaise with you because the request for
access is now transferred to them in terms of Section 20
of Act 2 of 2000.”

.12 April 2024 SARA attorney received emailwith attachments (record)
from the Western CapeDepartment of Cultural Affairs
and Sport saying, “Apologies for the delay but please
find attached documentation as requested.  A final
document will follow soonest.”

.17 April 2024 SARA attorney emailed a letter of demand to the Minister of DSAC saying inter alia, “We are therefore instructed to demand, as we hereby do, that you, within seven (07)
days from date hereof, announce a dissolution of
the unlawfully constituted Council of the National
Arts Council failing which we hold instructions to
approach the High Court for an Order declaring
that unlawful constitution of the Council, the
costs of which will be claimed from yourself.”