WeeklySA_AdminAPPLICATION: At issue is SA Roadies Association’s motion asking the court to declare the National Arts Council’s board’s council to disband as it is “irregularly constituted”…
By Edward Tsumele
In the affidavit deposed by the State Attorney on behalf of Sport, Arts and Culture Minister Gayton McKenzie has filed an application in the Pretoria High Court, asking for the dismissal of the SA Roadies Association’s earlier application to have the National Arts Council board dissolved.
In an affidavit submitted on the behalf of the Minister and eight MECs in his portfolio, McKenzie argues that the relief sought by the SARA should have been submitted 30 days after the announcement of members of the council in terms of the law under the NAC Act.
In its earlier application, Joburg-based SARA), which trains South African youth in live events and technical production skills, is asking the court not entertain the NAC’s application to oppose its earlier unopposed case to dissolve the agency’s board.
This information is contained in SARA’s affidavit deposed with the court and signed by its president Freddie Nyathela in response to the NAC’s affidavit filed last month, argues – among other reasons – that the NAC filed its answering affidavit too late, on November 6, 2024 on the eve of the hearing.
The organisation argues the NAC filed the affidavit late despite the fact it had four months to do so, after which the court scheduled the case on the unopposed basis.
Also, SARA further argues that the NAC, which filed the affidavit signed by the NAC’s Council chairperson Princess Celenhle Dlamini, should not be the one opposing the relief sought technicians’ body as her structure was not privy to the proceedings leading to the appointment of the provincial representatives sitting on the NAC board. Instead, the responsibility resided with the Minister and the cited arts portfolio MECs in the nine provinces, SARA argues in its affidavit.
The Minister’s affidavit holds that:
“Section 12(1) provides that any person who feels aggrieved at any action or decision the Council has taken in terms of this Act may within 30 days of the date of the action or decision taken made known by Council, and after having given notice to the Council as prescribed, appeal to the Minister in the prescribed manner.
“The applicant did not appeal the decision made even if it was made known to him, but rather resorted to making a declaration order application. In terms of section 6 of the PAJA. The applicant had recourse in the form of the aforementioned sections, instead they chose a long short of seeking a declaratory order. The motion must then be dismissed with costs”. – CITYLIFE/ARTS
