The Creatives Congress Movement (CCM) is gunning for the former members of the dissolved National Arts Council (NAC) board, vowing to drag them to court and have them declared delinquent directors.
The organisation said it wants all former board members barred from serving as directors in any public or private entity in terms of Section 69(8) of the Companies Act.
This was announced by CCM’s founding leader Tshepo Mashabane.
The dramatic move comes days after Sport, Arts and Culture Minister Gayton McKenzie wielded the axe and dissolved the NAC Council with immediate effect in terms of Section 5(5) of the National Arts Council Act.
McKenzie fired the board members after a protracted labour dispute over performance bonuses for 2019, 2020, 2021 and 2022 that culminated in a protected strike by employees of the NAC.
McKenzie had in April directed the council to convene a special meeting to approve a settlement agreement aimed at ending the dispute, but the board allegedly failed to act with the urgency required.
The Patrotic Alliance President also raised concerns over some of the council’s procurement decisions, including expenditure on external recruitment fees and the purchase of mobile devices for board members despite the institution claiming to be financially constrained.
As a result of the dissolution, all members of the NAC Council immediately ceased to hold office and the Director-General of the Department of Sport, Arts and Culture was appointed as the interim accounting authority pending the appointment of a new council.
Mashiane welcomed McKenzie’s decision but said dissolving the board was not enough.
“Minister McKenzie has done what is necessary. But dissolution is not accountability. These board members presided over a protected strike, allowed a labour dispute to fester for years and allegedly approved irregular expenditure while claiming financial constraints. They cannot simply walk away,” said Mashiane.
He said the organisation was awaiting legal opinion before approaching the high court with jurisdiction over the matter to seek an order declaring the former board members delinquent directors.
“We are pursuing a declaration that each of them be declared delinquent directors, barring them from holding any directorship in any public or private entity. We demand a new council comprising practitioners who understand the plight of artists across South Africa,” he said.
Mashiane said the action should serve as a warning to board members across state entities that they would be held accountable for their decisions.
“The era of impunity is over. CCM is watching and we will act,” he said.
