SARA approaches High Court asking it to declare the appointment of current National Arts Council Board “unlawful”

National Arts Council is set to oppose the application in court

By Edward Tsumele, CITYLIFE/ARTS Editor

South African Roadies Association (SARA), a Newtown, Johannesburg, based Non-Profit Organisation that trains youth to gain technical skills in producing live events has turned to the courts seeking that the courts declare the appointment of the current National Arts Council of South Africa (NAC) board “unlawful.”

CITYLIFE/ARTs can reveal that SARA last week filed the papers at the Gauteng Division of the High Court in Pretoria. The publication has since seen SARA’s Founding affidavit.

This latest action, CITYLIFE/Arts understands emanates from a letter SARA sent to Minister of Arts and Culture Zizi Kodwa demanding that the Minister dissolve the Council as it alleged that it was not properly constituted. That action followed an earlier request SARA had made to the Department of Sport, Arts and Culture requesting through the Promotion of Access to Information Act that DSAC provide information on how the Provincial Representatives on the Council were appointed.

In its papers, signed by the organisation’s President Freddie Nyathela, SARA charges that the current board’s appointment was “unlawful.” because the portion of the NAC Board, representing the country’s nine –provinces as required by law, have not been properly appointed by the previous Minister of Sport, Arts and Culture Nathi Mthethwa. This, SARA argues, is because there was no public and transparent process followed as per law

“This application seeks a declaratory relief. It arises in unprecedented circumstances with far-reaching consequences for legal status of the NAC including the funding of the arts and creative industry and the national and provincial executive authority’s commitment to the rule of law. This application is entirely and only about a broad and fundamental question which has to do with the Minister and the responsible members’ unlawful exercise of public power as empowered in terms of the National Arts Council Act 56 of 1997 (as amended by the Cultural Laws Amendment Act 36 of 2001).

Section 4(2) of the Act provides: “Every province shall be represented by a representative who shall within the province in question be elected by a public and transparent process which shall be determined and overseen by the responsible member.”

“To best demonstrate non-compliance with the Act, at the behest of the Minister and the responsible members, and their unlawful conduct thereof, SARA place in issue the following: election of provincial representatives by a public; the transparent process of electing the provincial representatives; to a certain extent, the number of the persons appointed by the Minister; the Premier’s designation of a member of the executive council to perform any function entrusted to such member by or under this Act. As already indicated above, the primary relief sought in this application is declaratory in nature flowing from both section 21(1)(c) of the Superior Courts Act and/or sections 38 and 172 of the Constitution. Consequent upon such declarations of unlawfulness, SARA seek relief to declare the appointment of National Arts Council unlawful,” part of SARA’s Founding Affidavit reads.

Cited in these papers is the Minister of Sports, Arts and Culture (DSAC) as first Respondent, The NAC as Second Responded and all the MEC’s for Sport, Arts and Culture in the country’s nine provinces. SARA has given those cited five days to indicate whether or not they are opposing the court action or not, and if so, 15 Days to file opposing papers. The papers seeking relief were filed on Monday, May 27, 2024.

The National Arts |Council approached by CITYLIFE/ARTS yesterday about this latest development indicated that it was going to oppose the court action by SARA In Court, arguing that the current Council has been legally appointed, describing SARA’s allegations as “false and defamatory.”

“The allegations that the NAC Council is illegally constituted are false and defamatory to the organisation. All Council Members of the NAC have been legally appointed by the Minister of Sport, Arts and Culture as per the NAC Act 56 of 1997. As such, we can confirm that we will legally oppose the South African Roadies Association application filed requesting for a declaration from the Court for the Minister to dissolve the NAC Council,| Julie Diphofa the Interim Chief Executive Officer at the arts body said.

CITYLIFE/ARTS asked for comment from Minister Kodwa’s spokesperson Litha Mpondwana. At the time of publication, we had not yet received the answer to the question as to whether or not the minister was going to oppose SARA’s action in Courts.