On 23 September 2026, Minister Gayton McKenzie dissolved the Council of the National Film and Video Foundation (NFVF) in terms of section 6(10) of the National Film and Video Foundation Act 73 of 1997. The decision followed a process that began on 7 July 2026, when the Minister wrote to the then Chairperson of the Council, highlighting legal defects in the Council's appointment of one of its own members as Acting Chief Executive Officer.
The Minister identified two lawful alternatives available to the Council, but it did not adopt either, and the arrangement remained in place. On 14 September 2026, the Minister issued a Notice of Intention to dissolve the Council and invited written representations. The Council responded on 18 September 2026, and those representations were considered in full before the decision was taken.
In its written representations, the Council accepted that it had appreciated that section 13(4) of the Act does not permit the appointment of an Acting Chief Executive Officer from outside the Foundation. The Council also acknowledged that the resignation of the member concerned was defective, resulting in her holding executive office while remaining a member of the Council, contrary to section 6(8)(a) and in direct conflict with the Council's own oversight function.
Minister McKenzie emphasized that the Council knew what the law required, and he had given them written notice of the problem in July, offering two lawful ways out. However, the Council took neither, and the arrangement only ended once dissolution was on the table, eroding the Minister's confidence in the Council. Other factors contributing to the decision included the recent resignation of the Council Chairperson and the handling of the former Acting CEO's suspension.
The Minister directed that certain arrangements take effect immediately, including the Chief Executive Officer of the Foundation assuming the responsibilities of the accounting authority in terms of the Public Finance Management Act until a new Council is appointed. Approved and committed funding, including funding under the current PESP6 Blockbuster cycle, will continue to be processed, and the Department is working directly with the Foundation's management to ensure that no approved disbursement is interrupted.
The independent investigation into whistleblower allegations at the Foundation, conducted by the Department's Internal Audit unit, will proceed unaffected. The process of appointing a new Council will commence in accordance with section 6 of the Act. Minister McKenzie expressed awareness of the consequences of the previous Council's dissolution, which stalled funding approvals for three months, and pledged to move quickly to appoint a new Council and ensure continued processing in a legal manner.
The dissolution of the NFVF Council aims to ensure accountability and restore confidence in the Foundation. The Minister's decision has been taken to protect the interests of the people who depend on the Foundation, who will not be made to carry the cost of governance issues that were not of their making. The new Council's appointment is expected to bring stability and ensure the continued support of the film and video industry in South Africa.
Key points
- The Minister of Sport, Arts and Culture, Gayton McKenzie, dissolved the Council of the National Film and Video Foundation on 23 September 2026.
- The decision was made due to the Council's failure to address legal defects in the appointment of an Acting Chief Executive Officer and other governance issues.
- The Minister has committed to quickly appointing a new Council to ensure continued support for the film and video industry in South Africa.
