WeeklySA_AdminDEPOSED: Minister fails to file papers in time to oppose the non-profit organisation’s demand in a matter set for hearing next month…
By Edward Tsumele
A long-running dispute between the South African Roadies Association (SARA and the National Arts Council (NAC) is finally headed to court for resolution on November 7.
At issue is the contention by SARA in its affidavit deposed with the High Court in Pretoria in May, that the NAC Council (The board that governs the NAC) is illegally constituted as the due process of appointing provincial representatives to the board was not followed. The organisation was therefore seeking a court order forcing the Minister of Sport, Arts and Culture Gayton McKenzie to dissolve the NAC board.
McKenzie initially indicated that he was going to oppose SARA’s motion, and so did the NAC. However as matters stand, after both the NAC and the Minister had filed their initial notice of intention to oppose SARA’s application, they had not apparently filed their affidavits within the time limit given by the court, according to inside sources.
In court papers seen by this publication, the Southern Gauteng High Court in Pretoria has scheduled the case to be heard on an unopposed basis for November 7 2024.
The publication yesterday contacted both the NAC and McKenzie’s spokesperson, Cassidy Rangata-Jacobs, to confirm whether both parties were no longer opposing SARA’s motion. By the time of publishing, there was no response from the Minister’s office.
On the other hand, the NAC told the publication that the agency was still in consultation with their legal team.
“We are still in consultation with our legal team and cannot at this stage provide you with a definitive response,” said Reshma Bhoola, speaking on behalf of the NAC.
Freddie Nyathela, the President of SARA, confirmed when contacted for comment that the motion was scheduled to be heard on an unopposed basis on November 7, at the South Gauteng High Court in Pretoria.
SARA is a Johannesburg based Non-Profit Organisation that empowers the youth in live-events technical production skills while the NAC is the leading national arts funding agency of the Department of Sport, Arts and Culture.
In its affidavit SARA cites the Minister as first Respondent, the NAC as second respondent and the other nine respondents are the provincial members of the Executive Committees (MECS) of the Departments of Sport, Arts and Culture.
Out of the nine provincial departments cited, the Western Cape Provincial Department of Sport, Arts and Culture has responded to SARA’s application, indicating that it is not opposing the motion, and therefore will abide by the court’s decision.
Following is the timeline of the legal manoeuvres by the role players in the case:
• May 24 2024 SARA filed a court application at the High Court, Pretoria, which seeks to dissolve the “unlawfully” constituted council of the NAC.
• May 27, a complete court application served to the Minister and the State Attorney in Pretoria.
• July 10, the State Attorney, representing the Minister & others filed a notice to oppose SARA’s court application
• August 14, the State Attorney in Western Cape, representing the 11th respondent filed a notice to abide by the decision of the Court.
• August 29, SARA’s attorneys filed for a court date for the matter to be enrolled on an unopposed roll.
• September 6, South Gauteng High Court, Pretoria, scheduled the matter to be heard on November 7 on an unopposed motion.
The term of office of the current NAC board comes to an end on December 31, and currently the Minister is in the process of appointing a new board for the NAC with a call for application for new board members having been recently issued.
In the meantime in an unrelated matter, the Minister has halted the plans to amalgamate arts and culture agencies, including the National Arts Council with the National Film and Video Foundation, as well as state-owned theatres such as the Market Theatre, South African State Theatre, The Performance Arts Centre Of Free State, The Durban Playhouse and Arts Cape to form one super structure with one super chairman.
If those plans, which were hashed before McKenzie’s arrival at Sechaba House, 202 Madiba Street, Pretoria, by his predecessors, this would have created an operationally complex structure for the entities, stakeholders in the creative and cultural sector have previously indicated as those plans caused consternation within the sector.
Therefore the change of heart has brought relief to the sector and those institutions that were targeted for amalgamation, including state owned museums.
In a letter addressing this matter, McKenzie has said: “This communication serves to inform you that I have taken a decision to cancel the amalgamation of public entities project as recommended by the feasibility study conducted by the Department. This effectively means that all public entities of the Department will remain as stand-alone schedule 3A public entities.
“Where gazetting to amalgamate public entities was done, this will be withdrawn by a Government Gazette notice nullifying the amalgamation of the concerned public entities. Also please take note that the moratorium on filling vacancies permanently, which was placed on recruitment due to amalgamation, is now lifted”. – CityLifeArts
