HIGH COURT SUSPENDS NAC BOARD DISSOLUTION
What It Means for the Arts Sector, Minister Gayton McKenzie, and Upcoming Funding Decisions
By Thami akaMbongo Manzana
The Gauteng Division of the High Court in Pretoria has delivered a significant interim ruling that could have far-reaching implications for the governance of the National Arts Council (NAC) and the administration of public arts funding in South Africa.
The judgment, dated 31 July 2026, temporarily suspends the implementation of Minister of Sport, Arts and Culture Gayton McKenzie's decision of 25 May 2026 to dissolve the NAC Council, pending the final determination of a judicial review. Based on the pages shared, the court also orders that the applicants and remaining Council members be reinstated pending the outcome of Part B of the proceedings.
While this is an interim order rather than the final determination of the dispute, it immediately raises important questions about governance, funding approvals and institutional stability.
What Did the Court Order?
From the court order provided, the High Court directed that:
The Minister's decision to dissolve the NAC Council is suspended.
The affected Council members are reinstated pending the final review.
The Minister is restrained from:
implementing the dissolution;
taking further steps flowing from that dissolution; and
commencing or finalising the appointment of a replacement Council.
Any appointments or nominations already made pursuant to the dissolution are also suspended pending the review.
In practical terms, the court has frozen the implementation of the Minister's decision until the review proceedings are concluded.
What Does This Mean for Minister Gayton McKenzie?
The ruling does not mean the Minister acted unlawfully as a final legal finding. That question will be determined in the main review proceedings.
However, it does mean the High Court considered there to be sufficient grounds to preserve the status quo while the legality of the Minister's decision is tested.
The Minister must now comply with the court order unless it is varied or overturned through the appropriate legal process.
This also means that any plans to establish a new NAC Council are, for the moment, placed on hold.
What Does This Mean for the Department of Sport, Arts and Culture?
The Department now faces the challenge of ensuring continuity while respecting the court order.
The Department will likely need to work with the reinstated Council, existing NAC management and legal advisers to determine how governance processes should proceed during this interim period.
The Department's immediate priority should arguably be to provide clear public communication to artists, organisations and applicants who are uncertain about how this ruling affects funding programmes.
What Does It Mean for the National Arts Council?
For the NAC itself, the judgment potentially restores governance structures that had been interrupted.
However, legal uncertainty remains because the review has not yet been finalised.
The institution therefore faces the difficult task of balancing:
compliance with the court order;
ongoing administrative responsibilities;
financial governance; and
maintaining confidence within the sector.
Clear communication from the NAC will be essential.
Will This Affect the PESP 7 Outcomes Due on 14 August 2026?
At this stage, it is too early to conclude that the PESP 7 outcomes will definitely be delayed.
Several factors will determine whether the announced timeline can still be met, including:
whether adjudication has already been completed;
whether all governance approvals required by the NAC's policies can now proceed under the reinstated Council;
whether there are any legal or administrative delays arising from the transition; and
how quickly the reinstated governance structures resume their responsibilities.
The court order itself does not expressly suspend the PESP 7 programme.
However, if any outstanding approvals depend on Council decisions, the NAC may need time to ensure those approvals comply with the reinstated governance arrangements.
For this reason, while the 14 August 2026 outcome date may still be achievable, applicants should also be prepared for the possibility of adjustments if the institution determines that additional governance processes are necessary.
The Sector Needs Communication More Than Ever
Whether this judgment ultimately accelerates or delays funding processes, one issue remains unchanged.
The Cultural and Creative Industries need timely, transparent and honest communication.
Artists are making decisions about productions, employment, rehearsals, touring and festival participation.
Organisations are planning budgets.
Freelancers are waiting for work.
Silence creates uncertainty.
Regular updates build confidence even when the news is not what applicants hoped to hear.
A Moment for Stability Rather Than Speculation
The High Court's ruling represents an important legal development, but it is not the end of the matter. The review proceedings will ultimately determine whether the Minister's decision to dissolve the Council was lawful.
In the meantime, the sector would benefit from restraint in drawing conclusions. The judgment should not automatically be interpreted as a victory for one side or a defeat for another. Instead, it is an opportunity for all parties - the Minister, the Department, the NAC and the reinstated Council to focus on restoring confidence in public arts funding and ensuring that governance and accountability remain at the centre of the institution.
For now, practitioners will be watching closely for one thing above all else: an official explanation from the NAC and the Department on what this ruling means for the Annual Funding outcomes, PESP 7, outstanding payments and the way forward for South Africa's Cultural and Creative Industries.
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