Court reinstates National Arts Council dissolved by McKenzie

National Arts Council (NAC) board members have welcomed the judgment of the Gauteng High Court in Pretoria on Friday, which granted interim relief restoring the council pending the determination of review proceedings. Sport, arts and culture minister Gayton McKenziedissolvedthe council with immediate effect on May 26 and directed that the acting CEO and CFO continue to manage the day-to-day operations of the NAC pending further direction. McKenzie said the dissolution followed a prolonged labour dispute over performance bonuses for 2019/20, 2020/21 and 2021/22, which led to a protected strike and financial hardship for affected employees.

He said the council also failed to resolve the bonus dispute, while concerns were raised about procurement decisions, including spending on external recruitment fees and mobile devices for council members. Former council members challenged the decision, arguing it was unlawful. In its judgment, the court ordered that McKenzie’s decision dissolving the council be suspended, that the council be reinstated to office and that no further steps be taken to implement the dissolution pending the final determination of the review of his decision to dissolve the council.

The court also interdicted the commencement or continuation of any process to appoint a replacement council pending the review. The council said in granting the order, the court reaffirmed the importance of the governance framework established by parliament for the National Arts Council. The council said the court further recognised the public interest served by preserving the statutory governance framework.

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“The statutory scheme has been subverted by the summary dissolution of the council — a specific governance structure established by the legislature in terms of the act,” the court ruled. Council members said the judgment was an affirmation of lawful governance, institutional accountability and the proper stewardship of public resources.

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