WeeklySA_AdminIMPROPER: Zizi Kodwa faces court challenge over the alleged illegal appointment of provincial members to the agency under his ministry
By Ali Mphaki
A small Johannesburg-based NPO, South African Roadies Association, SARA, has thrown a curved ball to Zizi Kodwa the Minister of Sport, Arts and Culture, regards the appointment of nine provincial representatives to the National Arts Council, NAC, by his predecessor Nathi Mthethwa in 2021.
In court papers served by the Sherrif to the Minister and the State Attorney this week, SARA prays for the dissolution of the current board which it claims was “unlawfully and improperly constituted” and that Mthethwa acted “ultra vires’ in endorsing the names of the nine members as recommended by the nine provincial MEC’s for sport, art, and culture.
The respondents in the matter including Kodwa as first feature the NAC and nine provincial MEC’s across the country.
SARA questions the appointment process of the nine provincial members, and in its court papers argues that this was done contrary to the provisions of the Act.
Quoting sections from the Act where it states “every province shall be represented by a representative who shall within the province in question be elected by a public and transparent process”, the NPO argues no such process took effect in all the nine provinces.
SARA lawyers further argue that any conduct on the part of the Minister and the MECs who derive their powers and obligations from the Act, that goes beyond their constitutional and/or statutory powers/obligations “violate the principle of legality”.
“At the very least, the unlawful conduct on the part of the Minister and the MECs still subsist”, posits SARA .
In his supporting affidavit SARA president Freddie Nyathela details several “battles” between his organisation and the NAC/DSAC, among them the issue of Expired Projects and Surplus Policy, the BIG Report, and the latest negative findings of the Public Protector against the NAC.
“Pursuant to these reports and their findings, I have always been wary of the conduct of the Minister and the NAC. However, it never occurred on me that the NAC could have been unlawfully appointed and constituted, in clear violation of the law,” says Nyathela.
According to the relief sought, Kodwa et al are required to notify the SARA attorneys in writing no later than five days and within 15 days thereafter to deliver any answering affidavit.
The NAC is an agency of the national department of sport, arts and culture established in 1997 through an Act of Parliament.
SARA is a unique and dynamic non-profit training organisation dedicated to the advancement and development of technical skills and knowledge amongst the youth in the arts and creative industry in South Africa.
