Arts council manager slams NAC, after being asked to resign on first day at work

A storm is brewing between the National Arts Council (NAC) and a newly-appointed manager who was ordered to resign on his first day at work, after a council meeting declared his appointment as “irregular”.

According to sources at the NAC, the fracas has left council members fuming, saying they were not informed about the decision to withdraw Tshepo Mashiane’s appointment as programme manager: capacity building, and the subsequent use of lawyers.

A letter from NAC lawyers Moodie and Robertson to Mashiane, dated 15 July and seen by The Citizen, informed him that they had been instructed to reiterate what acting CEO Marion Mbina-Mthembu told Mashiane through letters this month – that his appointment was irregular.

This, according to the lawyers, was because council met on 15 July, more than a week after Mashiane was appointed, and resolved to consult with Sports, Arts and Culture Minister Nathi Mthethwa to “discuss the proposed appointment”.

“The 15 June 2022 resolution specifically required that the NAC Council consult with the Minister of Sports, Arts and Culture before the NAC management could finalise the appointment of your client to the position.

“The 15 June 2022 resolution further required that the NAC Council address a letter to the Minister on the matter and request a meeting with the Minister to discuss the proposed appointment. Our client is in the process of engaging with the Minister on the matter and we will inform you as soon as a formal response is received from the Minister’s office,” the letter states.

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Mashiane was barred from reporting for work at the NAC offices – he works from home and is in possession of NAC work tools such as laptop.

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‘NAC victimising and harassing me’

Speaking to The Citizen on Tuesday, Mashiane said he was a council member and applied for the advertised post and was interviewed along with other candidates.

Upon being informed in June that he was the successful applicant and sent an appointment letter, he tendered his resignation as council member to take up the new management position.

Mashiane said he has, through his lawyer, requested the details of the council resolution and recordings that has now barred him from assuming his new role.

He denied allegations that the post was created for him specifically and that his appointment boiled down to a conflict of interest.

He said he was interviewed by Mbina-Mthembu, acting CFO Jason O’Hara and the human resources manager.

“I am an ordinary citizen and have a right to apply for any job out there [that is] advertised. I applied for one job out of the 10 that were advertised, just like everyone else, and went through an interview. I was successful, and I think I am being harassed and victimised for reasons I do not know.

“Appointments of staff are a competency of management, council does not need to be involved… it’s a staff position not an executive post. Even council didn’t know I applied, how was the post created for me? Where is the proof? There is no truth in that.”

On his first day of work on 11 July, he went through the induction process and was given equipment to do his job.

He said he was then called in by Mbina-Mthembu and human resources, who presented him with a letter and informed him that his new appointment was irregular, because of the council resolution.

“The CEO told me that I can consult lawyers if I do not want to heed their request that I resign. I did that, I consulted lawyers on this… because it does not make sense. They said I should resign or face the Labour Court.

“I know as a former council member that there have been other members who resigned and left… there were no discussions as to where they were headed. There are council members presently who also work fulltime in government and other sectors, why am I being singled out among all the other new appointees and why is the minister suddenly dragged into this? How many people at staff level are sanctioned to the minister?” Mashiane asked.

Mashiane accused the NAC of trampling on his rights.

He added: “I need to know the reasons why I need to resign. No one is telling me I’ve been kicked out, suspended or fired. My lawyer has written to them, saying because they refuse to furnish the details of the 15 July council resolution, and instead threaten us with Labour Court action… we are going to challenge that court application.”

READ MORE: Artists want Nathi Mthethwa fired for Covid-19 stimulus package ‘mismanagement’

NAC remains mum

Emails and text messages sent to the NAC chairperson Celenhle Dlamini and the communications unit were unacknowledged and unanswered at the time of publishing.

Council member Sipho Sithole replied to The Citizen’s inquiry, saying he was not the spokesperson and directed questions back to Dlamini.

The NAC is an entity of the Department of Sports, Arts and Culture, and has been under fire over the mismanagement of R300 million in Covid-19 relief funds meant for struggling artists.

Former CEO Rosemary Mangope and CFO Clifton Changfoot faced lengthy disciplinary hearings.

Mangope’s hearing was dropped midway and she was allowed to leave the NAC after signing a deal with the organisation.

In May, NAC bosses were blasted by MPs for the handling of Mangope’s disciplinary processes and for allegedly hiding information.

Disciplinary hearings

It emerged that two more senior managers who faced disciplinary hearings resigned and left, with their hearings also withdrawn.

Democratic Alliance (DA) MP Tsepo Mhlongo said it was wrong to involve Mthethwa in human resources matters, further alleging that there was a conflict of interest in Mashiane’s appointment.

“He is a political principal, only the director-general must be involved. The rot is getting worse at the NAC, there is no accountability… it is a fiefdom of a cabal at the expense of empowerment and development. I will be asking the minister why board members are being given positions within the NAC,” Mhlongo said.

READ MORE: Arts council blasted for withdrawn disciplinary hearings, ‘dodgy’ golden handshake