The National Arts Council (NAC) voted to push ahead with permanent CEO and CFO appointments against Minister Gayton McKenzie’s written request.
But the decision did not win a majority of the members present.
Africa Daily has learnt that an electronic poll at a special council meeting on 12 October 2026 recorded nine votes to proceed with the appointments.
Three members voted to accept the Minister’s request to wait. Six abstained.
That means 18 members took part, and only nine backed the decision.
The NAC Act says council decisions must be taken “by resolution of the majority of the members present”.
With 18 members present, a majority is 10.
This raises serious questions about whether any CEO or CFO appointment made on the strength of that vote would be valid.
Africa Daily understands that no written submission was circulated for the item. It was presented verbally.
A proposal that the council first speak to the Minister before deciding was not taken up.
Chairperson Eugene Botha was among the three who voted to respect the Minister’s request, Africa Daily understands.
Botha has since warned McKenzie that the council, as it now stands, cannot govern the NAC in its best interests, Africa Daily understands. He believes a faction within the council has not acted in the NAC’s interests, and that the 12 October decision is its clearest example yet.
He has also raised whether the council is lawfully constituted at all.
The NAC announced last Wednesday that five council members had resigned, including Botha.
They are Simon Clarke, Tau Masemola, Charnie-Lee Adams-Kruger and Siphosethu Mtamzeli.
Africa Daily understands that Clarke and Masemola quit on 13 October, a day after the meeting.
One of the members who resigned told Africa Daily they quit because they felt the Minister’s instructions were being disregarded.
“At the Council meeting held on 12 October 2026, members attended under the impression that the primary purpose of the meeting was to discuss an ongoing legal matter. During the meeting, additional items were introduced, including the appointment of a permanent Chief Executive Officer and Chief Financial Officer.
“This was particularly concerning given that the Minister had previously communicated in writing an instruction for Council to halt the appointment process until further notice,” an outgoing board member revealed.
The member also believes some positions were agreed before the meeting.
The member went on to say: “The manner in which this matter unfolded also gave me the impression that there may have been prior engagements or understandings among certain members before the meeting. While I cannot speak to the intentions of individual members, the circumstances created a perception of predetermined positions for me.”
The resignations have also left the council below the minimum the law requires.
The NAC Act says the council must have nine provincial representatives and at least nine other members.
All nine provincial representatives remain. But only seven other members are left: Princess Celenhle Dlamini, Laura de Harde, Zac Gordon, Haroon Gunn-Salie, Pamela Ndlovu, Tracey Perumal and Bongani Tembe.
The council also has no chairperson. Under the Act, only the Minister can appoint one.
Until the empty seats are filled, decisions the council takes could be open to legal challenge.
The provincial seats are under a cloud too. In a pending court case brought by the South African Roadies Association, the applicant argues that the provincial representatives appointed in 2025 were nominated, not elected as the Act requires.
Africa Daily understands that papers in that case include a Department of Sport, Arts and Culture briefing to Parliament from June 2025.
It recorded that proof of the process followed was outstanding for three provincial representatives, and that no name had been submitted for a fourth province.
Botha has asked the Minister to require the provincial MECs to confirm under oath how each provincial representative was elected, Africa Daily understands.
In a letter dated 19 August 2026, seen by Africa Daily, McKenzie asked the council to put a moratorium on the two appointments until a court case over its future is finalised.
“In light of this, I must ask Council to refrain from making any permanent appointment to the Chief Executive Officer or Chief Financial Officer positions until Part B has been finally determined,” McKenzie wrote.
He asked the council to confirm that recruitment “will proceed no further than shortlisting and preparation”.
“Should the Court, on determination of Part B, uphold the dissolution, a new Council would in due course be appointed. That Council would then inherit a Chief Executive Officer, Chief Financial Officer, and possibly other senior managers, appointed on a permanent basis by a Council whose own standing is presently the subject of unresolved litigation,” he wrote.
The CEO and CFO posts have been without permanent incumbents since February 2021. But there was no rush now.
Africa Daily understands that Lebogang Mogoera is seconded to the NAC as acting CEO until 28 February 2027.
McKenzie’s letter says the acting arrangements could continue for as long as needed.
McKenzie dissolved the council in May, citing a labour dispute and spending on recruitment fees and cellphones for council members.
The Gauteng High Court suspended that decision on 31 July and put the council back in office until the second part of the case, Ngwenya and Others v Minister of Sport, Arts and Culture, is decided.
It is not yet clear whether the CEO and CFO appointments have been finalised, or who the candidates are.
The NAC and the Department of Sport, Arts and Culture were sent questions on Friday. Neither had responded by the deadline. Botha was also asked for comment but he did not respond.