SA: High Court suspends minister’s dissolution of National Arts Council

Judge A Millar issued the order on Friday after members of the council brought an urgent application challenging McKenzie’s decision to dissolve the statutory body on 25 May 2026 under Section 5(5) of the National Arts Council Act.

The court suspended the dissolution with immediate effect and interdicted the minister from appointing a replacement council before the review application is heard and determined.

The dispute followed correspondence between McKenzie and the council in April, when the minister instructed it to convene a special meeting to consider a proposed settlement relating to an employee bonus dispute. The council subsequently arranged the meeting before receiving a second letter in May informing its members that it had been dissolved.

In court papers, McKenzie argued that he had acted on credible information indicating serious governance concerns at the council, including issues relating to procurement decisions and its functioning.

Judge Millar found that the applicants had established a prima facie right to challenge the minister’s decision and that there were reasonable prospects that the review court could ultimately find the dissolution unlawful.

The judge noted that several of the allegations relied upon by the minister had not been raised with the council before its dissolution and that the reasons for the decision would have to be examined during the review proceedings.

The court also rejected the minister’s argument that the matter was not urgent, finding that the applicants had required time to secure funding and legal representation after losing access to the council’s resources following its dissolution.

In granting interim relief, the court found that allowing the dissolution to remain in force could cause irreparable harm to the NAC and potentially render the review proceedings academic if a new council were appointed before the legality of the minister’s decision had been determined.

Judge Millar further held that the National Arts Council Act provides for governance by a duly constituted council and that the chief executive officer could not assume the council’s powers following its dissolution.

The existing council will therefore resume its functions pending the outcome of the review application. McKenzie was also ordered to pay the costs of the urgent application, including the costs of two counsel.

In a statement following the ruling, the NAC board welcomed the judgment, saying it reaffirmed the principles of lawful governance and institutional accountability.

“The Council Members welcome the judgment as an affirmation of lawful governance, institutional accountability and the proper stewardship of public resources,” the statement said.

The board said the legal challenge was not intended to protect individual positions but to uphold the governance framework established under the legislation governing the NAC.

“These proceedings have never been about individuals or positions, but about preserving the statutory governance framework established by Parliament and ensuring that the National Arts Council continues to discharge its mandate in the public interest and for the benefit of South Africa's artists, cultural practitioners and creative industries.”

The council said it remained committed to working with McKenzie, the Department of Sport, Arts and Culture, management, staff and other stakeholders to strengthen governance and ensure that public funds were administered responsibly and transparently.

While welcoming the court’s interim order, the board acknowledged that the substantive review challenging the minister’s decision remains pending. It said it would not comment further on the merits of the case while the judicial process continues.

The reinstated council said its immediate priorities would be to resume its statutory responsibilities, restore governance continuity and provide strategic oversight of the NAC’s work in supporting South Africa’s arts, culture and creative economy.