By Kaya 959 News
The Public Prosecutor is set to intervene in the ongoing impasse between the National Arts Council, the Department of Sports, Arts and Culture and local artists.
The dispute has been going on for almost two months and stems from allegations that the R300 million set aside to assist artists during the COVID-19 pandemic had been looted.
According to the PP’s office, government invited members of the public involved in the art, sport and recreation professions last October to apply for financial aid under PESP with a view to retaining and creating jobs in the sectors against the backdrop of the economic devastation brought about by the COVID-19 pandemic.
The funds are disbursed through the NAC, among other institutions.
Spokesperson for the PP’s office, Oupa Segalwe, said the artists, led by singer Sibongile Mngoma, staged a sit-in at NAC offices in Newtown, Johannesburg, which they have occupied in protest for more than 50 consecutive days now.
Following a public outcry, Public Protector Adv. Busisiwe Mkhwebane and Deputy Public Protector Adv. Kholeka Gcaleka met with Minister for Arts and Culture, Nathi Mthethwa and members of the council led by acting Chairperson Princess Celenhle Dlamini, and separately with the artists last week Thursday and Friday respectively.
READ: Herman Mashaba offers legal aid to NAC protesting artists
Segalwe said in addition to alleged poor communication on the part of the NAC, the artists also complained during their meeting with the PPSA that some of the current members of the council were beneficiaries of the PESP and therefore conflicted, a point which had been denied by the Minister and the council the previous day.
He said during the two meetings, Adv. Mkhwebane raised concerns about a June 2020 investigation report dealing with governance issues at the council, arguing that the council would not be in such a predicament had it implemented the remedial action in the report.
“The previous members of council took the report on judicial review. However, the implementation of the remedial action has not been interdicted,” he said.
Segalwe said among other things, the report shone a spotlight on the NAC’s Expired Projects and Surplus Policy, which was found to have gaps which rendered it prone to abuse.
Its implementation was also found to be arbitrary and generally inconsistent with the spirit of the law in that the NAC allowed its employees to initiate proposals for funding on behalf of applicants without their knowledge or consent.
Segalwe said the Public Protector’s findings in this regard confirmed those of a Business Innovations Group (BIG) investigation that the policy is not in line with Treasury
Regulations and the Public Finance Management Act. BIG was commissioned by the Arts and Culture department to carry out the investigation in October 2016.
Adv Mkhwebane said they will sit with both sides around the table in an Alternative Dispute Resolution session to tackle the issue of undue delays to disburse funds and questions around lack of transparency in the NAC processes.
“The alleged governance lapses including conflict of interest concerning some members of the council will have to be the subject of an investigation. The ADR session will commence soon after receipt of a written submission from the artists,” she said.
He has held it down in the world of mid-morning radio with the best music, riveting topics, brilliant mixes and interesting guests. Every weekday, The Best T proves why he is the BEST by connecting to you like only your bro or favourite uncle could. He lets his listeners dictate the songs they want to hear in the ever-popular Top 10 at 10, and his Three Teaspoons never run out. Catch The Best T in the City Mondays to Fridays from 09h00 to 12h00.
close
Feel good about feeling good! That's exactly what The Feel-Good show is about. An escape from the negativity that surrounds us, indulging you in good feels. Pass it on to one and all. Spread the good feeling around Gauteng with Andy Maqondwana.
close
Every "Hive" needs a Queen B and Bonolo "Bee Sting" Molosiwa is Kaya 959's honey who brings in the money. With her bubbly personality, infectious laugh, Bee Sting radiates positive energy which is all you need to get your weekend off to the best start. Don't miss the Afrobeat Dancehall Ragga (ADR) Top 10 on The Hive with Bee Sting every Saturday from 18h00 - 21h00.
close
THIS PRIVACY STATEMENT FORMS PART OF KAYA 959’S TERMS OF USE POLICY. IF YOU DO NOT AGREE WITH ANY TERM OF THIS PRIVACY STATEMENT, YOU MUST CEASE YOUR ACCESS OF THIS WEBSITE IMMEDIATELY.
POPIA Act – To promote the protection of personal information processed by public and private bodies; to introduce certain conditions so as to establish minimum requirements for the processing of personal information; to provide for the establishment of an Information Regulator to exercise certain powers and to perform certain duties and functions in terms of this Act and the Promotion of Access to Information Act, 2000; to provide for the issuing of codes of conduct; to provide for the rights of persons regarding unsolicited electronic communications and automated decision making; to regulate the flow of personal information across the borders of the Republic; and to provide for matters connected therewith.
RECOGNISING THAT—
AND BEARING IN MIND THAT—
AND IN ORDER TO—
1.1.“Personal Information” means information relating to an identifiable, living, natural person and where it is applicable, identifiable, existing juristic person, including all information as defined in the Protection of Personal Information Act 4 of 2013.
1.2 Parliament assented to POPIA on 19 November 2013. The commencement date of section 1, Part A of Chapter 5, section 112 and section 113 was 11 April 2014. The commencement date of the other sections was 1 July 2020 (with the exception of section 110 and 114(4). The President of South Africa has proclaimed the POPI commencement date to be 1 July 2020.
1.3. “Processing” means the creation, generation, communication, storage, destruction of personal information as more fully defined in the Protection of Personal Information Act 4 of 2013.
1.4. “You” or the “user” means any person who accesses and browses this website for any purpose.
1.4. “Website” means the website of the KAYA 959 at URL www.kaya959.co.za or such other URL as KAYA 959 may choose from time to time.
2.1. KAYA 959 respects your privacy. This privacy policy statement sets out KAYA 959’s information gathering and dissemination practices in respect of the Website.
2.2. This Privacy Policy governs the processing of personal information provided to KAYA 959 through your use of the Website.
2.3. Please note that, due to legal and other developments, KAYA 959 may amend these terms and conditions from time to time.
3.1. By providing your personal information to KAYA 959 you acknowledge that it has been collected directly from you and consent to its processing by KAYA 959.
3.2. Where you submit Personal Information (such as name, address, telephone number and email address) via the website (e.g. through completing any online form) the following principles are observed in the processing of that information:
3.2.1. KAYA 959 will only collect personal information for a purpose consistent with the purpose for which it is required. The specific purpose for which information is
collected will be apparent from the context in which it is requested.
3.2.2. KAYA 959 will only process personal information in a manner that is adequate, relevant and not excessive in the context of the purpose for which it is processed.
3.2.3. Personal information will only be processed for a purpose compatible with that for which it was collected, unless you have agreed to an alternative purpose in writing or KAYA 959 is permitted in terms of national legislation of general application dealing primarily with the protection of personal information.
3.2.4. KAYA 959 will keep records of all personal Information collected and the specific purpose for which it was collected for a period of 1 (one) year from the date on which it was last used.
3.2.5. KAYA 959 will not disclose any personal information relating to you to any third party unless your prior written agreement is obtained or KAYA 959 is required to do so by law.
3.2.6. If personal information is released with your consent KAYA 959 will retain a record of the information released, the third party to which it was released, the reason for the release and the date of release, for a period of 1 (one) year from the date on which it was last used.
3.2.7. KAYA 959 will destroy or delete any personal information that is no longer needed by KAYA 959 for the purpose it was initially collected, or subsequently processed.
3.3. Note that, as permitted by the Electronic Communications and Transactions Act 25 of 2002, KAYA 959 may use personal information collected to compile profiles for statistical purposes. No information contained in the profiles or statistics will be able to be linked to any specific user.
4.1. KAYA 959 may use standard technology to collect information about the use of this website. This technology is not able to identify individual users but simply allows KAYA 959 to collect statistics.
4.2. KAYA 959 may utilise temporary or session cookies to keep track of users’ browsing habits. A cookie is a small file that is placed on your hard drive in order to keep a record of your interaction with this website and facilitate user convenience.
4.2.1. Cookies by themselves will not be used to identify users personally but may be used to compile identified statistics relating to use of services offered or to provide KAYA 959 with feedback on the performance of this website.
4.2.2. The following classes of information may be collected in respect of users who have enabled cookies:
4.2.2.1. The browser software used;
4.2.2.2. IP address;
4.2.2.3. Date and time of activities while visiting the website;
4.2.2.4. URLs of internal pages visited; and
4.2.2.5. referrers.
4.3. If you do not wish cookies to be employed to customize your interaction with this website it is possible to alter the manner in which your browser handles cookies. Please note that, if this is done, certain services on this website may not be available.
5.1. KAYA 959 takes reasonable measures to ensure the security and integrity of information submitted to or collected by this website, but cannot under any circumstances be held liable for any loss or other damage sustained by you as a result of unlawful access to or dissemination of any personal information by a third party.
6.1. KAYA 959 has no control over and accepts no responsibility for the privacy practices of any third party websites to which hyperlinks may have been provided and KAYA 959 strongly recommends that you review the privacy policy of any website you visit before using it further.
7.1. If you have any queries about this privacy policy please contact us by emailing [email protected]
