McKenzie invites applications for independent panel as NAC governance crisis deepens

Minister of Sports, Arts and Culture Gayton McKenzie has invited applications from qualified individuals to serve as members of an Independent Panel that will shortlist, interview and recommend candidates for appointment to the National Arts Council (NAC) Council.

Panel to follow National Arts Council Act process

The Minister announced the invitation on Monday, saying the Independent Panel’s work will be carried out in accordance with Section 4(3)(c) of the National Arts Council Act, 1997 (Act No. 56 of 1997). The statement said appointed panel members will assess nominations, develop fair and objective criteria and maintain confidentiality throughout the recruitment process.

Legal challenge and internal disputes

The call for panel members comes while a court matter is pending. A group of 11 members from the recently dissolved NAC council has launched urgent proceedings in the Gauteng High Court, Pretoria, seeking a review of the Minister’s decision of 25 May 2026 to dissolve the council. The members are asking for the dissolution to be suspended and for their reinstatement pending the outcome of the review.

In their court papers the members sought an urgent intervention by 28 July to prevent implementation of the Minister’s decision and warned that proceeding with the dissolution and appointment of a replacement council would be detrimental given ongoing disputes. They asked for the Minister to be restrained from implementing the May decision and from “commencing or continuing or finalising any processes for the appointment of a replacement council for the NAC.”

Background: labour disputes and procurement concerns

The Minister’s decision followed long-standing labour disputes over performance bonuses for the financial years 2019/20 through 2021/22. Those disputes escalated to a protected strike by employees, which the statement said was linked to severe financial distress within the organisation.

McKenzie also expressed concern about NAC procurement decisions, including spending on external recruitment fees and on mobile devices for council members during a period of financial constraint.

What the applicants asked the court

“The decision of the respondent dated 25 May 2026 dissolving the council of the National Arts Council of South Africa in terms of Section 5 (5) of the National Council Act 56 of 1997 and terminating the appointment of the applicants and the remaining members of the council be suspended, together with the implementation thereof. The applicants and the remaining members of the National Arts Council of South Africa should be reinstated to office pending the final determination of the review process contemplated in Part B,” the members challenge in court.

The Minister’s invitation for Independent Panel members signals a move to renew governance at the NAC while the legal challenge and internal disputes remain unresolved.