Abdon Yezi > NAC COUNCIL – IS IT LEGALLY IN OFFICE? I have taken keen interest, and consulted with legal minds on issues relating to the National Arts Council (NAC), and in particular the term of office for the Council Members. The NAC is established under Section 4 (1) of the NAC Act 31 of 1994. Paragraph 3 of the schedule of the Act is relevant to the tenure of office. Here are some basic facts: • The term of office for the members of the National Arts Council expired on 14th June 2013 . Unless there has been reappointment of the members during this period, it is fair to state that no Council member is legally holding their position and representation. I want to emphasize the legality of the reappointment at this stage, as it is the only means that members of the Council may hold office; • There may have been a presumption that following the transition of the National Arts Council to a possible National Arts, Cultural and Heritage Commission this period would necessitate for the Council to be in existence, hence the Councillors would possibly hold office. That is understandable from a moral or administrative perspective. Notwithstanding, one of the biggest lacuna of the NAC Act No.13 of 1994 does not have any provisions to facilitate for such transitional or incidental developments. The NAC Act does not provided for such. To this effect, it means that even if administrative measures were or are taken to have the NAC term of office that expired on 14th June 2013 extended this is not possible. By practice, only the new law – which in this case is non-existent would need to include such provisions as safeguards for the future. At this stage, the nation as much as the arts fraternity may wish to be guided by the appointing authority, the Minister of Tourism and Arts, on whether a reappointment has been effected as provided for in paragraph (3) (1) of the Act: “A member shall hold office of member for a period of four years from the date of appointment, but shall be eligible for reappointment”. If not, then we certainly have a vacuum at the NAC in terms of Council members from a legal perspective, and even the national associations need to be worried.
Posted on: Tue, 11 Mar 2014 05:45:19 +0000
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