A fresh power struggle is engulfing the National Arts Council (NAC), with the National Education, Health and Allied Workers’ Union (NEHAWU) demanding that Sport, Arts and Culture Minister Gayton McKenzie and his department reinforce Lebogang Mogoera’s mandate.
The explosive dispute follows the Gauteng High Court’s temporary reinstatement of the NAC council after McKenzie dissolved it, creating uncertainty over the authority of executive management and the status of decisions taken under the dissolved council.
NEHAWU is now calling on McKenzie and the Department of Sport, Arts and Culture (DSAC) to intervene and formally reinforce Mogoera’s position, warning that the NAC could be plunged back into the governance crisis that preceded the council’s dissolution.
“NEHAWU believes that the Minister as the Executive Authority and DSAC as the shareholders needs to re-inforce Mr. Mogoera position and mandate at the entity,” said Damien Naidu, who spoke on behalf of the employees.
The union wants Mogoera to remain in his role as accounting officer while the legal battle over the reinstated council continues.
“NEHAWU believes that Mr. Mogoera needs to continue in the role of accounting officer until the review is made final,” Naidu said.
But the McKenzie has made it clear that, Mogoera’s designation as acting CEO and accounting authority is no longer valid.
Stacey Khojane from DSAC said that Mogoera’s CEO position arose from the Minister’s decision to dissolve the council.
She said that Mogoera’s designation as accounting authority has now been suspended by the court order.
She revealed that they obtained legal advice on the effect of the judgment on Mogoera’s appointment.
“Mr Mogoera did the correct thing, which was to recognise that he cannot continue as the Acting CEO without his appointment being made by the temporarily reinstated board. The board have, however, requested that he be seconded further,” said Khojane.
That statement appears to place Mogoera’s future at the NAC squarely in the hands of the reinstated council and DSAC.
Asked what Mogoera’s current status is within the department, she said:
“A determination is being made on whether the secondment request from the NAC Council will be acceded to,” replied Khojane.
Asked whether DSAC had instructed him to stop performing the functions of acting CEO, the department repeated:
“A determination is being made on whether the secondment request from the NAC Council will be acceded to.”
Khojane clarified that the Council is the current accounting authority at the NAC.
But NEHAWU has warned that failing to reinforce Mogoera’s mandate could return the NAC to the governance turmoil that preceded the council’s dissolution.
“If Mr. Mogoeras mandate or position isn’t re-inforced by the Minister and shareholders. The NAC finds itself right back where it started in March this year facing a governance crisis,” the union said.
DSAC however, rejected the existence of such a vacuum.
Khojane emphasized that the council is currently the accounting authority.
Mogoera’s appointment and designation as accounting authority arose after McKenzie dissolved the NAC council.
The Gauteng High Court subsequently temporarily reinstated the council, while the Minister’s decision remains subject to a full review.
The court order suspended “any appointment, nomination, designation or other step already taken pursuant to the impugned dissolution decision”.
Khojane said that the Department is taking all the necessary steps to resolve the uncertainty.
Asked whether the Minister would seek urgent legal clarification from the court, Khojane said:
“Part B of the court matter will hopefully be decided without undue delay, in the best interests of all concerned.”
She also revealed that McKenzie will not appeal the interim judgment.
The power struggle comes as the NAC faces major operational responsibilities, including funding decisions and the recruitment of senior executives.
Asked whether the uncertainty could affect PESP 7 decisions, CEO/CFO recruitment or other NAC operations, DSAC acknowledged that a risk exists.
“That is a risk that is currently being managed responsibly. The Minister has communicated the suggested way forward with the Council and we understand that further engagements will continue in the best interests of the entity and funding of the arts sector more generally,” she said.
