NAC’s funds accumulation policies: South African Roadies Association files application for information to the Department of Sport, Arts and Culture

By Edward Tsumele, CITYTLIFE/ARTS Editor

In the latest twist to the long-standing row between the South African Roadies Association (SARA)and National Arts Council (NAC) relating to NAC’s policies of accumulating surplus funds meant for art development, SARA has made an application for Promotion of Access to Information Act (PAIA) request to the Department of Sport, Arts and Culture, CITYLIFE/ARTS can reveal.

SARA a Newtown, Johannesburg based training organisation that skills youth in live events technical production skills, the NPO has requested the following information:

. Copies of the National Arts Council’s application to the National Treasury to retain accumulated surplus funds for the financial years between 2015/16 and 2022/23.

. Copies of the National Treasury’s approvals of the National Arts Council’s applications to retain accumulated surplus funds for the financial years between 2015/16 and 2022/23.

. Copies of the “concurrence of the Minister of Finance” for the National Arts Council or Minister to create the following policies, which relates to “state revenue or expenditure”:

Expired Projects and Unclaimed Funds Policy

Expired Projects and Surplus Policy.

This request, CITYLIFE/ARTS understands emanates from SARA’s argument thatthe accumulationand retention of surplusfundsmustcomply with Treasury Regulations.

But the abovepolicies created by theNAC, may be out of line with Section21(3)of the National Arts Council Act No: 56 of 1997, whichprovides:

 “No regulation relating to State revenue or expenditure shall be made by the Council or the Minister except with the concurrence of the Minister of Finance.”and Section 21(4) of the Act that provides:

“Any regulation made under subsection (2) may provide that any person contravening such regulation or failing to comply therewith, shall be guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding six months.”

Freddie Nyathela SARA President has confirmed that the NPO made such an application to through its attorney to DSAC.“We have received no response yet besides an acknowledgement. The application was made on 21 June 2024,” said Nyathela to CITYLIFE/ARTS.

CITYLIFE/ARTS last week Wednesday 3 July 2023 contacted DSAC for comment about SARA’s PAIA application. The publication made a follow up on July 4, 2024, after which we received the following response from Mandisa Tshikwatamba, Deputy Director-General Corporate Servicesat DSAC:

“Please note that the PAIA request referred to has only been received this week.  Upon its assessment and response to it, a notification will be sent out as response to your enquiry, with guidance on how information in your request will be accessed.   Given that the enquiry dates to 2014/15 if not 15/16, time allowance to next week Wednesday is estimated for a final response.”

At the time of publishing, we had not received the comment from Tshikwatamba. This is a developing story and if, and when we do receive the comment, we will update the story.