Former members of the National Arts Council of South Africa (NAC) have threatened to take Minister of Sport, Arts and Culture Gayton McKenzie to court over his decision to dissolve the council and terminate their appointments.
In a letter dated 3 June 2026, Mphahlele and Masipa Inc. Attorneys, who are representing several former council members described the minister’s decision as “unlawful” and demanded its immediate withdrawal.
The council members were removed after McKenzie dissolved the NAC council on 25 May, purportedly in terms of Section 5(5) of the National Arts Council Act.
The former council members argue that they were not given an opportunity to respond to allegations against them before their appointments were terminated.
“The dissolution letter was preceded by no notice informing individual council members that their appointments were under threat, no invitation to make representations regarding their continued tenure, no disclosure of the allegations relied upon against them, and no opportunity to address the concerns which ultimately formed the basis of the dissolution decision,” the letter states.
The lawyers further contend that the minister’s decision has caused significant reputational damage to the former council members by creating the impression that they collectively failed in their governance responsibilities.
According to the letter, the minister had directed the NAC chairperson in April to convene a special council meeting to address an ongoing labour dispute involving historical performance bonuses. The council subsequently scheduled a special meeting for 29 May and various governance structures, including the Audit and Risk Committee, had begun preparing reports and recommendations.
However, the council was dissolved on 25 May, four days before the meeting could take place.
“The council was criticised for failing to complete a process which it had been instructed to undertake, whilst simultaneously being denied the opportunity to complete that process,” the lawyers argue.
The former council members also claim that no investigation had been conducted into the conduct of individual members and that no findings of dishonesty, financial misconduct, gross negligence or breaches of fiduciary duties had been made against any council member.
They further argue that concerns over the handling of the bonus dispute and public scrutiny surrounding the matter could not justify the immediate removal of the entire council without a proper process and objective investigation.
The letter also notes that the minister had previously acknowledged that there was no contractual or statutory entitlement to the disputed bonuses, meaning the council was required to carefully consider the legal and financial implications before committing public funds.
The former council members have demanded that McKenzie withdraw the decision to dissolve the NAC council, rescind the termination their appointments ,reinstate them and suspend any process to appoint a replacement council, interim council or administrator.
They have given the minister five calendar days to provide written confirmation that he will comply with their demands.
They said if he failed to comply with their demands, they will institute urgent court proceedings seeking appropriate judicial relief.
Speaking to Africa Daily, Nape Masipa of Mpahlele and Masipa Inc.Attorneys said McKenzie has not responded to the letter.
“ Although the matter is not handled by me but my colleague Mr Albert Raseboya, I can confirm that the minister has not responded to the letter,” he said.
McKenzie’s Spokesperson Stacey-Lee Khojane had not responded to our written questions at the time of publication.