McKenzie dissolves NFVF Council over governance failures

Sport, Arts and Culture Minister Gayton McKenzie has dissolved the National Film and Video Foundation (NFVF) Council, citing institutional accountability and governance concerns.

McKenzie said the decision was not a finding of dishonesty against individual council members, but followed concerns over the council’s handling of the appointment of one of its members as Acting Chief Executive Officer.

The process began on 7 July 2026, when McKenzie wrote to the then council chairperson outlining what he described as legal defects in the appointment. He said the council was given two lawful alternatives but did not adopt either.

On 14 September, McKenzie issued a Notice of Intention to dissolve the council and invited written representations. The council submitted its response on 18 September, which the Minister said was fully considered.

The council was subsequently dissolved on 23 September 2026 in terms of section 6(10) of the National Film and Video Foundation Act 73 of 1997.

According to the Ministry, the council acknowledged in its representations that section 13(4) of the Act did not allow for the appointment of an Acting CEO from outside the Foundation.

It also accepted that the resignation of the council member appointed to the executive position was defective because it did not comply with section 7(3)(e) of the Act. This meant she remained a council member while holding executive office, which the Ministry said was contrary to section 6(8)(a).

“I gave this Council written notice of the problem in July and offered it two lawful ways out. It took neither,” McKenzie said.

He added that the recent resignation of the council chairperson and the handling of the former Acting CEO’s suspension also contributed to his decision.

Funding to filmmakers to continue

McKenzie directed that the NFVF CEO immediately assume the responsibilities of the accounting authority under the Public Finance Management Act until a new council is appointed.

The Ministry said approved and committed funding, including funding under the current PESP6 Blockbuster cycle, would continue to be processed.

It said the Department was working directly with NFVF management to ensure that approved payments to filmmakers, production houses, cast and crew were not interrupted.

An independent investigation into whistleblower allegations at the Foundation will also continue. The investigation is being conducted by the Department’s Internal Audit unit rather than the dissolved council.

The process to appoint a new NFVF Council will now begin in accordance with section 6 of the Act.

McKenzie said the department was conscious of the impact a previous council dissolution had on the industry, when funding approvals were delayed for three months.

“That is exactly why we shall move quickly to appoint a new Council, and to ensure that processing continues in the legal manner,” he said. “The people who depend on this Foundation did nothing wrong, and they will not be made to carry the cost of governance issues that were not of their making.”