The National Arts Council (NAC) has allegedly spent more than R6-million in the past two years fighting to keep former employee Tshepo Mashiane out of work.
Mashiane has won the same case twice but the NAC will not allow him to resume his duties.
Mashiane, a former NAC Council member, was appointed Programme Manager on November 10 2022.
Ex-minister fingered in saga
But on his first day, he claims he was barred from taking up the position after then-Minister of Sport, Arts, and Culture (DSAC) Nathi Mthethwa allegedly instructed the NAC to dismiss him.
“I went through the normal recruitment process and was duly appointed. I even resigned as a council member to take up the job.
“But on my first day I was called into the CEO’s office. I was handed a resignation letter, and told my appointment was irregular because council wasn’t aware of it.
“That was strange. Because this was an ordinary employee position, not one requiring council or ministerial approval,” Mashiane said.
He lodged an internal grievance and won on appeal, but NAC refused to reinstate him. He then approached the CCMA, which also ruled in his favour.
Instead of complying, NAC escalated the case to the Labour Court. It is expected to be heard in the Labour Court in April next year.
NAC claims appointment was irregular
An insider backed Mashiane’s account: “There were about 12 posts advertised. And he applied like everyone else. HR processes were followed, and he was appointed. We were shocked when he wasn’t allowed to start.
“The NAC has already spent over R6-million on this case, and taxpayers are footing the bill. The irony is they’re still enforcing Mthethwa’s instruction even though he’s no longer minister.”
However, an NAC report in the public domain claims Mashiane’s appointment was not fair and transparent. It alleges that this was orchestrated by select council members without the knowledge of the full Council or the DSAC.
In September 2023, the portfolio committee on sport, arts, and culture also heard allegations that Mashiane was dismissed for exposing maladministration at the NAC.
At that time, the former NAC chairperson Celenhle Dlamini could not confirm or deny this. Instead, she emphasised that the dismissal was due to the minister not being consulted.
She was then asked how much was spent on legal costs. Also why Mashiane was not reinstated despite rulings in his favour. Dlamini could not provide answers. This prompted suggestions that the NAC be placed under administration.
Questions sent to both NAC and former Minister Mthethwa went unanswered.
