ARTS and Culture Minister Zizi Kodwa has refuted accusations made by the South African Roadies Association (Sara) that he protects friends in his appointment of board members of the National Arts Council (NAC).
On Friday, The Star reported on allegations by Sara president Freddie Nyathela on Kodwa’s alleged disregard of the law by appointing “friends” in the NAC.
Sara is a non-profit organisation that trains individuals in the arts and entertainment sector.
Nyathela revealed to The Star, with papers, that Kodwa had unlawfully appointed the NAC leadership by disregarding rule section 4 (2) of the NAC Act 56 of 1997.
The NAC is an arts and culture subsidiary of the government, managed in the office of the minister.
Nyathela had initially said that council members at the NAC had been illegally appointed because they were the minister’s friends and benefited financially every month.
Nyathela further said he had written to the minister's office to make the department aware of the unlawful conduct that has fallen on deaf ears.
Previously The Star also reported that Sara had hauled the NAC to court over disagreement of funding body's refusal to fully comply with the remedial actions recommended by former public protector Busisiwe Mkhwebane regarding expired projects and the surplus funds policy.
That case is still on ice, awaiting the court judgment after it was reserved at the Gauteng High Court.
However, Kodwa’s spokesperson, Litha Mpondwana, responding to the article, dismissed Nyathela’s allegations as false.
“The ministry rejects as totally false and without foundation the claims made by Mr Nyathela.
“The Department of Sport, Arts and Culture has provided comprehensive responses to Sara and Mr Nyathela’s queries. The department is engaging with the legal query of Mr Nyathela pertaining to the NAC, and will not be litigating such in the media.
“Mr Nyathela knows the right channels in which to get information from the department.
“The department’s position on this matter remains unchanged,” Mpondwana said.
According to a letter seen by The Star, the department is also being investigated by the public protector regarding the allegations of abuse of power and maladministration.
Nyathela further accused Kodwa and the council of breaking section 21 (3) of Act 56 of 1997 operating unlawful policies, “expired projects and surplus policy”, now titled “expired projects and unclaimed funds policy“, without the Treasury’s approval.
He said: “The law is very clear. Section 21 (3) of the act says ”No regulation relating to state revenue or expenditure shall be made by the council or the minister except with the concurrence of the minister of finance.“
Nyathela said: “Unaccounted for public funds without any gazetting process and Treasury approval … this is a looting scheme at the expense of arts development and youth empowerment.
“The ministry should reject the claims made by Sara with evidence, not the usual use of lies ... to sabotage youth empowerment and arts development with impunity,” he said.
He said he was aware that Sara had provided documentation evidence about its claims to the Presidency and the portfolio committee on sports, arts and culture.
The Star