Recently, Sports, Arts, and Culture Minister Gayton McKenzie released a list of artists and creatives who received government funding. This action has sparked a debate over whether McKenzie’s disclosure was legal under the Protection of Personal Information (POPI) Act.
Some individuals on the list have taken to social media to accuse McKenzie of violating their legal right to privacy by making their information public without their express permission.
While McKenzie’s actions may appear reckless, they were not necessarily unlawful. Noma-Gcina Mtshontshi, director at Mtshontshi Attorneys Inc., pointed out that the POPI Act stipulates that personal information should not be disclosed for unintended purposes.
[ De Lille Calls For Urgent Meeting With New Public Works Minister Amidst R300 Million Probe ]
However, Mtshontshi argued that since the funding came from taxpayers, there is an element of transparency that the public deserves. She posed the question, “Shouldn’t the public know where their tax money goes?”
The ANC Youth League (ANCYL) criticized McKenzie’s actions, calling them disgraceful and unacceptable. They highlighted unprofessional ethics and a lack of consideration for the dignity of the artists involved.
The ANCYL demanded that the parliamentary committee on sports, arts, and culture hold the department accountable and ensure fair and respectful treatment of all stakeholders.
Promise Twala, a production and project manager who received funding, expressed her concerns.
Twala noted that when filling out application forms, there was no clause indicating that the list would be made public. She emphasized the importance of remembering that the POPI Act is now in effect.
Political analyst Sandile Swana also weighed in, questioning McKenzie’s focus on publicity rather than substantive issues like financial irregularities. Swana stressed that while transparency is important, the privacy of the individuals must be respected.
He warned that unilaterally publishing such information raises questions about whether it respects the constitutional rights of the affected beneficiaries.
Swana said the government of national unity McKenzie was participating in, alongside other parties, would be seeking to maximise the publicity they can get ahead of the 2026 elections.
“So this is opportunistic at a time when the ANC is known to be weak and such campaigns can succeed and benefit parties such as the Patriotic Alliance.
“There is a need for McKenzie to be advised to follow proper channels and to discuss irregularities in the proper forum,” he said.
Another beneficiary, Siyanda Maphumulo, a comedian who received R20 000 funding from the department, said he didn’t see anything wrong with what the minister did.
“As artists, we followed the necessary steps during the application for this fund. It was Covid and we were at home so we had to survive. There is nothing illegal with applying for funding from the government as an artist,” he said.
“The minister is doing a good job by being transparent so we can see where the money is going. “This might be what the department needs to do to clean up corruption,” he said.
Mtshontshi added that from a legal standpoint, what the minister had done aligned with the Promotion of Access to Information Act.
“Transparency is non-negotiable. Citizens have a right to be informed about the use of public funds,” she said.
The South African Arts and Culture Youth Forum pointed out that the funding lists had always been publicly available within the department.
“The funding process has been complex due to requirements but transparent, with independent panels adjudicating the applications. Artists are self-employed freelancers who have the right to apply for funding,” it said.
Catch up with the latest news from The Times Post on WhatsApp by following our channel. Click here to join.
Kindly follow @thetimespost on Instagram. On X (Twitter), follow @thetimespost2.
