The Gauteng High Court has suspended Sports, Arts and Culture Minister Gayton McKenzie‘s decision to dissolve the National Arts Council (NAC), ordering the statutory body’s immediate reinstatement while the legality of the move is reviewed.
Judge A Millar granted the interim order on Friday after council members brought an urgent application challenging the minister’s use of Section 5(5) of the National Arts Council Act to dissolve the body on 25 May 2026. The court also interdicted the minister from appointing a replacement council until the review application is finalised.
Background to the Dispute
The dissolution followed correspondence in April in which the minister directed the council to convene a special meeting to consider a proposed settlement of an employee bonus dispute. The council scheduled the meeting, but then received a second letter in May informing members that the council had been dissolved.
In court papers, the minister argued that he had acted on credible information pointing to serious governance failures at the NAC, including concerns over procurement decisions and its overall functioning.
Court’s Findings
Judge Millar found that the applicants had established a prima facie right to challenge the minister’s decision and that there were reasonable prospects of the review court ultimately finding 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 need to be examined during the review. The court dismissed the minister’s argument that the matter was not urgent.
In granting interim relief, the court held that allowing the dissolution to stand could cause irreparable harm to the NAC and risk rendering the review academic if a new council were appointed before the legality of the minister’s action was determined. Judge Millar further noted 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 after its dissolution.
Council Response
The existing council will resume its statutory functions pending the outcome of the review. The minister was ordered to pay the costs of the urgent application, including the costs of two counsel.
In a statement, the NAC board welcomed the ruling, saying it “reaffirmed the principles of lawful governance and institutional accountability.” The board stressed that the legal challenge was not about protecting individual positions but about preserving the statutory governance framework established by Parliament.
The council said it remained committed to working with the minister, the department, management, staff and other stakeholders to strengthen governance and ensure responsible and transparent administration of public funds. While welcoming the interim order, the board acknowledged that the substantive review is still pending and said it would not comment further on the merits of the case while the judicial process continues. The reinstated council said its immediate priorities are to resume its statutory responsibilities, restore governance continuity and provide strategic oversight of the NAC’s work in support of South Africa’s artists, cultural practitioners and creative industries.
