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28/10/2025

THE MMABANA CRISIS SERIES

Part 2:Crisis Behind Closed Doors — When Law, Politics, and Governance Collide

Introduction

The unfolding situation at the Mmabana Arts, Culture and Sports Foundation in the North West Province reveals much more than an internal administrative matter.

It exposes a deep governance and accountability crisis at the heart of one of South Africa’s most important cultural institutions.

At issue is a seemingly routine advertisement for a Chief Executive Officer (CEO) post — released while Mmabana has no legally constituted Board of Trustees.

To the untrained eye, this may appear harmless. But legally, it strikes at the foundation’s very legitimacy and raises urgent questions about governance, compliance, and political oversight.

The Legal Framework Being Ignored

Under the Mmabana Foundation Act (Act No. 7 of 2000), the Foundation operates as a public entity with its own Board of Trustees.
This Board is not symbolic; it carries full powers to:

formulate policy;

approve budgets; and

appoint the CEO and senior executives.

In South African law, the Public Finance Management Act (PFMA) reinforces this by defining the Board as the Accounting Authority.
Only the Accounting Authority may enter binding employment or financial contracts.

Without a Board, no one has the lawful authority to appoint a permanent CEO.
Any such decision could later be ruled ultra vires — beyond legal power — and therefore invalid.

Why This Matters

This isn’t just bureaucracy. Governance failures like this undermine public trust and expose taxpayers to financial risk.

If the Department of Arts, Culture, Sports and Recreation (ACSR) proceeds with appointments in the absence of a Board:

the Auditor-General could flag all related salaries and expenses as irregular expenditure;

the Public Service Commission (PSC) may find violations of Section 195 of the Constitution, which demands that public administration be lawful, transparent, and accountable; and

affected employees could face legal uncertainty over their contracts.

These are not hypothetical risks — they are administrative realities with lasting impact on Mmabana’s credibility and financial stability.

The Broader Pattern

The Mmabana issue reflects a pattern seen in many provincial entities:
Boards are left vacant, while departments assume control of day-to-day operations.

The result? A gradual erosion of institutional independence and an increase in politically driven management.

Experts call this “governance drift” — a slow but steady weakening of structures that were meant to protect public assets from political interference.
When oversight and operations merge, transparency is lost, and accountability becomes blurred.

Possible Reasons (and Why They Don’t Justify It)

While motives cannot be stated as fact, several plausible administrative explanations may exist:

1. Expediency: Officials may want to fill leadership gaps quickly to “keep the lights on.”
However, speed does not override legality. The correct first step is to reconstitute the Board.

2. Centralised Control: Without a Board, decisions remain within the Department’s direct influence.

3. Election Cycle Sensitivity: Cultural institutions often carry community influence; control during pre-election periods can shape visibility.

4. Administrative Normalisation: Years of acting appointments and delayed boards have made irregular governance seem “normal.”

Each of these explanations points to systemic neglect rather than isolated error.

The Role of Oversight Bodies

The Public Service Commission, the Auditor-General, and the Provincial Legislature’s Portfolio Committee on Arts and Culture have both the authority and the duty to intervene.

If these bodies remain silent, the province risks setting a dangerous precedent — where due process can be ignored without consequence.

Silence by oversight institutions effectively becomes complicity, eroding the rule of law and public confidence in governance systems.

What Must Happen Next

To restore legality, transparency, and trust:

1. Suspend the CEO recruitment process until a new Board is lawfully appointed.

2. Publicly announce a timeline for constituting the Board, including open nominations from cultural stakeholders.

3. Reaffirm the separation of powers — the Department provides oversight, not direct operational control.

4. Communicate progress publicly, ensuring stakeholders and taxpayers are informed.

These steps would protect both the Department and the Foundation from future litigation and reputational harm.

The Cost of Silence

If governance institutions remain inactive, the result will not just be another “scandal.”

It will be the slow institutional death of Mmabana — a once-vibrant centre that nurtured generations of North West artists, dancers, and musicians.

Without lawful oversight, funding confidence will fade, programmes will stagnate, and the province will lose one of its key creative engines.

Conclusion: Rebuilding on the Foundation of the Law

The story of Mmabana is not only about a leadership vacancy.
It is about the moral and administrative health of public governance in South Africa.

Reviving Mmabana requires more than funding — it requires respect for the law, institutional independence, and civic vigilance.
When legislation is clear and yet ignored, the burden shifts to the public to demand accountability.

Let the revival of Mmabana begin not with a new CEO, but with the reinstatement of lawful governance — the true foundation upon which every public institution should stand.

🖋️ About the Writer

Thapelo Professor Ngaka Molelotuka Mokhutshoane is a cultural activist, governance monitor, and advocate for ethical management in South Africa’s Cultural and Creative Industry.

He writes the Mmabana Crisis Series to promote transparency, accountability, and cultural integrity in public institutions.

📧 [email protected] / [email protected]
☎ 067 940 9213

Published by Rtflivemagazine
Where every story is a masterpiece awaiting to be discovered

27/10/2025

THE SILENT CRISIS BEHIND MMABANA CLOSED DOORS: QUESTIONING THE LEGALITY OF THE CEO POST ADVERTISEMENT

Introduction: When Culture Meets Crisis The Institution suffers dearly..

The recent advertisement for the position of Chief Executive Officer (CEO) of the Mmabana Arts, Culture and Sports Foundation by the North West Department of Arts, Culture, Sports and Recreation (ACSR) has sent ripples through the cultural and creative sector.

At first glance, it might appear to be an ordinary recruitment notice — a five-year performance-based contract intended to stabilize one of the province’s most historically significant institutions.
However, beneath the surface lies a serious legal and governance crisis, one that exposes a broader pattern of institutional mismanagement, blurred accountability, and possible violations of both the Mmabana Foundation Act and the Constitution of South Africa.

Understanding the Core Of the Legal Matter

The Mmabana Arts, Culture and Sports Foundation, established under the Mmabana Foundation Act, 2000 (Act No. 7 of 2000), is a statutory body corporate with the power to govern its own affairs through a Board of Trustees.

The Act is unambiguous about governance roles:

The Board of Trustees is the supreme decision-making and accounting authority of the Foundation.

In terms of Section 6(1) of the Act, the Board is empowered to “appoint employees, including the Chief Executive Officer, to perform such duties as the Board may determine.”

The Department’s role is to provide policy oversight and funding support, not to perform executive or administrative functions on behalf of the Foundation.

Yet, as it stands, Mmabana currently has no legally constituted Board. There is no Chairperson, and the institution continues to operate under an Acting CEO.

Despite this governance vacuum, the Department has gone ahead and advertised a five year performance based CEO post under its own authority — a move that, in law, appears ultra vires (beyond the Department’s legal powers).

The Legal Paradox: Who Has the Power?

This situation raises critical governance and constitutional questions:

1. Who is the legal appointing authority?
The Mmabana Act designates this power to the Board of Trustees. Without a Board, no entity exists with the statutory mandate to appoint or enter into a valid employment contract with a CEO.

2. Who is the accounting authority?
Under Section 49(2)(a) of the Public Finance Management Act (PFMA), Act No. 1 of 1999, the accounting authority of a public entity is its Board or other controlling body. Without such, Mmabana lacks a lawful accounting authority.

3. Who provides oversight and accountability?
A CEO must be accountable to a governing Board. If appointed directly by the Department, that relationship collapses — the CEO becomes both the implementer and the overseer, a violation of good governance principles outlined in Section 195 of the Constitution.

4. Is there lawful delegation?
Unless a duly gazetted Administrator was appointed by the MEC under a formal intervention (as contemplated by Section 139 of the Constitution), the Department cannot assume the Board’s powers.

Therefore, the advertisement of the five year perofmances based CEO post in the absence of a Board or lawful Administrator constitutes an ultra vires administrative act — one that may be declared irregular, unlawful, and reviewable under Section 6 of the Promotion of Administrative Justice Act (PAJA), Act No. 3 of 2000.

The Broader Governance Crisis

This is not an isolated incident — it is symptomatic of a broader governance decay affecting many provincial entities.
Institutions created to advance arts, culture, and community development are increasingly managed through acting appointments, political interference, and centralized departmental control.

This breakdown of governance erodes public trust and cripples the very institutions meant to serve as incubators of creativity and cultural preservation.

The absence of Boards means no checks and balances, no transparency, and no accountability.

This reality contradicts Section 195(1) of the Constitution, which demands that public administration must be governed by principles of transparency, accountability, responsiveness, and ethical conduct.

A Cultural Activist’s Standpoint

As a Cultural Activist and concerned citizen, i have drafted a foramal submition of a Legal Objection and Request for Review to both:

The Public Service Commission (PSC); and

The Department of Arts, Culture, Sports and Recreation (North West).

The submission calls for:

1. The immediate withdrawal or suspension of the current CEO post advertisement;

2. The urgent appointment of a legitimate and functional Board of Trustees;

3. A review of all administrative actions taken during the governance vacuum; and

4. A transparent, lawful, and participatory process for restoring governance at Mmabana.

This objection is made in the public interest, as provided for under Section 38(d) of the Constitution of the Republic of South Africa, which gives every citizen the right to act in defense of legality, fairness, and constitutional values.

Why Mmabana Matters..?

For decades, the Mmabana Foundation has stood as a beacon of creativity, nurturing young talent across disciplines — from music and dance to theatre, crafts, and visual arts.
It has launched careers, built livelihoods, and inspired generations.

To now witness its deterioration under administrative confusion is both tragic and unacceptable.
When the governance of Mmabana crumbles, it is not merely an institutional failure — it is the silencing of a people’s cultural heartbeat.

Reviving Mmabana begins not with appointments or politics, but with integrity, transparency, and respect for the rule of law.

Call for Accountability and Civic Mobilization

This issue transcends Mmabana — it reflects the urgent need for lawful governance in all state-funded cultural institutions.

I therefore call upon:

The Public Service Commission (PSC) to urgently investigate and review the legality of this appointment process;

The North West Department of Arts, Culture, Sports and Recreation to halt the process immediately and reinstate proper governance structures;

The Provincial Legislature’s Portfolio Committee on Arts and Culture to exercise its oversight duty; and

Civil society, artists, and the broader creative community to unite and demand accountability.

We must insist that no CEO be appointed in violation of the very laws that created the institution.

How You Can Support This Cause

Share this article across social media and community platforms.

Tag the Public Service Commission, ACSR, and your local representatives, asking for accountability.

Demand transparency in cultural governance and fair recruitment practices.

Sign petitions, write letters, or attend public hearings to safeguard Mmabana’s integrity.

Governance is not the duty of government alone — it is the collective responsibility of an informed and active citizenry.

Final Word: Integrity Before Appointment

The crisis at Mmabana is not about a vacant post — it’s about constitutional fidelity and institutional integrity.

When we allow public entities to operate outside their founding laws, we weaken democracy itself.

To rebuild the arts and culture sector, we must begin with lawful restoration of governance.
Only when the Board is restored can a CEO be lawfully appointed, and only then can Mmabana rise again — not as a hollow institution, but as a proud symbol of cultural excellence and the power of law-abiding leadership.

Issued by:
Thapelo Professor Ngaka Molelotuka Mokhutshoane
Cultural Activist | Advocate for Governance Integrity in the Arts Sector
📧 [email protected]

Published By; Rtflivemagazine
Where every story is a masterpiece awaiting to be discovered...

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14/10/2025

Mpho Podile – Artistic Biography Article Profile
“My music is my healing, my worship, my purpose.”

The Early Story: From Soweto to Mahikeng

Born in Soweto, Naledi, during one of South Africa’s most turbulent eras, Mpho Podile’s life and artistry are woven from threads of struggle, resilience, and faith. In the late 1980s, when the fires of Black Power unrest swept through Soweto, her family made a courageous decision — to relocate to Mahikeng, in the then homeland of Bophuthatswana, seeking both safety and a stable future for their children.

It was in Mahikeng that Mpho’s foundation of faith, humility, and purpose was laid. She grew up surrounded by community warmth and the rhythms of township spirituality — a world that taught her the power of song not only as entertainment but as a language of survival and hope.

Years later, destiny took her back to Soweto, where she married her husband, who was also from Zeerust, in the former Bophuthatswana. But life’s path took an unexpected turn — the marriage ended in divorce, leaving Mpho deeply wounded and seeking restoration. In her search for peace, she returned to Mahikeng in 2016, transferring her work and returning home — not only to the soil of her upbringing but to the spiritual home of her healing.

Healing Through Music and Faith

In Mahikeng, Mpho began to rebuild her life. The silence of loss became the space where God began to sing through her once more. Her first single, “Ha re ka bona Jeso,” became both her testimony and turning point. It was not just a debut — it was a rebirth.

Through that song, she rediscovered the truth she now lives by:

“For your foundation to be strong, you must give your life back to the mighty God — and He will fight all your battles.”

From that spiritual awakening emerged her debut album “Ontsamaise Sentle”, a project that carries not only her voice but her story, her family, and her faith. The album’s track number two, “Ke Mmone Jeso,” became her signature song — a song that would go on to win the 2021 North West Award for Best Gospel Traditional Song.

The album is a sacred journey through joy, healing, and loss:

Her daughter’s contribution, “Ke Bona Mohau,” added a generational touch of faith, reflecting a family bound by gospel and grace.

The late father’s favorite hymn, “Modimo wa Boikanyo,” became a cherished track — released just before his passing after a short illness.

The album closes with “Tribute to My Father,” a deeply emotional piece that immortalizes the love and faith of the man who inspired her strength.

When her mother later passed away, the pain could have broken her — but it instead deepened her faith. Her mother had been her final earthly anchor, and with her gone, Mpho realized that the only source of lasting strength was above.

The Spiritual Journey: Music, Ministry & Education

Music became her medicine, her ministry, and her mission. Through song, she began to heal not only herself but others who saw their own struggles in her voice.

Her commitment to growth didn’t stop with music — she pursued business studies, determined to broaden her professional scope and empower herself both artistically and economically. This combination of faith, artistry, and education makes Mpho a complete creative entrepreneur — a gospel artist with both spiritual and strategic depth.

Musical Journey & Achievements

Mpho’s professional catalogue continues to grow, reflecting both personal evolution and creative excellence:

2017 – Debut single “Ha re ka bona Jeso” (self-produced and released).

2020 – Album “Le Mmone Jeso” released to critical acclaim.

2021 – Awarded Best Gospel Traditional Song at the North West Awards for “Ke Mmone Jeso”.

2021 – Released “Ke Utlwa Lerato”, exploring God’s love and emotional restoration.

2022 – Album “Mohau o Ntekane”, themed around divine mercy and healing.

2023 – Album “Oh for Grace”, merging traditional and contemporary gospel sounds.

2024 – Collaboration “Ke Kgona Tsotlhe” under All for One for All, a collective initiative supporting gospel artists in the Ngaka Modiri Molema District.

Each release marks a spiritual chapter in her journey — a record of healing, triumph, and devotion.

Recognition, Collaborations & Cultural Leadership

Mpho has become a respected figure within the North West Gospel and Cultural Industry.

She has shared stages with South Africa’s gospel greats: Omega Khunou, Tshepiso Mpotle, Tebogo Moruti, Lebo Sekgobela, and Moseki.

She is a member of All for One for All, an organization empowering gospel artists and uniting regional talent.

Her presence as an adjudicator and mentor at major events such as Mmanana Gospel Competitions and the Taung Cultural Calabash highlights her growing influence and leadership.

Through numerous radio interviews and live ministry appearances, she has become one of Mahikeng’s most recognizable gospel voices.

Digital Presence & Reach

Mpho Podile’s digital footprint reflects both her authentic connection with her audience and her scalable digital potential as a gospel influencer:

Facebook:

Followers: 2,500

Engagement Rate: 8.5%

Weekly Reach: 1,200 – 1,800

YouTube: Mpho Podile Official

Subscribers: 47

Total Views: 4,900

Monthly Views: 120

TikTok:

Followers: 3,891

Average Views per Video: 33,000 – 45,000

Likes: 43,500

Monthly Engagement: 27,000 interactions

Her social media presence — especially on TikTok — reveals her appeal to younger audiences, where her blend of spirituality and relatability has made her a digital gospel storyteller.

Brand Positioning: The Bankable Gospel Artist

Mpho Podile is a multi-dimensional artist — a singer, songwriter, performer, businesswoman, and mentor. Her life story gives her brand emotional depth; her discipline and spiritual foundation give it credibility and longevity.

For investors, sponsors, and creative collaborators, Mpho represents:

Authentic Brand Value: A powerful life story rooted in truth and resilience.

Cultural Relevance: A bridge between traditional gospel heritage and modern expression.

Community Reach: Strong ties within Mahikeng and the greater North West Province.

Growth Potential: Scalable brand for merchandise, digital content, live performances, and faith-based initiatives.

Sustainable Vision: Committed to using her platform for mentorship, community development, and cultural preservation.

Her artistry is bankable because it heals, inspires, and builds — she stands as both a creative investment and a spiritual asset.

The Road Ahead

Today, Mpho Podile continues to rise as one of the voices redefining gospel music in South Africa. Her path forward includes:

Expanding into national and continental gospel collaborations.

Establishing mentorship programs for young female artists in faith-based music.

Producing and performing at regional and international gospel tours.

Developing creative partnerships with brands, sponsors, and investors who align with her values.

Her story is no longer one of pain — it is one of purpose. Every song she sings is a reflection of how God turns brokenness into beauty, silence into song, and loss into legacy.

“I’ve learned that when you give your life back to God, He gives you back your voice — not just to sing, but to heal.” – Mpho Podile

Article By; Thapelo Professor Ngaka Molelotuka Mokhutshoane
Rtflivemagazine- where every story is a masterpiece awaiting to be discovered

11/10/2025

MOTSWAKO RÉUNION KUSHO BANI ....WITH A DASH OF LEKOMPO. HOOOOZA

10/10/2025

WOOOOOOZA MOTSWAKO RÉUNION ITS EITHER YOU ARE IN OUT...

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50th day of my life journey, on my birthday its my heritage day.....happy birthday to myself..!

16/07/2025

WHAT TO EXPECT FROM THE NEVER EVER AVAILABLE; MEC OF THE DEPARTMENT OF ARTS, CULTURE, SPORTS AND RECREATION (NW) FOR THE CULTURAL AND CREATIVE INDUSTRY,

What should the industry truly expect from the upcoming MEC’s 2025 Budget Speech — when what we need is not ceremonial words, but a concrete, actionable blueprint to reposition the province as a continental creative hub?

When the curtains rise for the MEC of the Department of Arts, Culture, Sports and Recreation to deliver the 2025 budget speech, the cultural and creative industry of the North West will once again sit in anxious anticipation — not out of hope, but from the painful weight of history.

A history defined by closed departmental service points in the districts, a dysfunctional and sidelined North West Arts Council, a faded Mmabana that once carried the promise of nurturing provincial talent, and funding mechanisms that fail to compete in a province whose very soil holds a rich and competitive creative economy.

It begs the question:

What will we get this time? Will it be another staged speech full of generic promises, or will it finally be an honest commitment, backed by an actionable, measurable, and transformative budget blueprint designed to move us from preservation to real economic participation, technological innovation, and continental relevance?

Beyond Survival: The Urgent Need to Reposition the Province

We are five years away from 2030 — the finish line of the intended National Development Plan.

Yet, here we stand, still begging for the basics:

Operational district offices, functional councils, equitable funding streams, and a voice in shaping policies that determine our creative destiny.

The truth is stark:

The North West has the potential to become a continental creative hub, but only if the budget explicitly funds:

Digital innovation and creative tech incubation.

Export-driven creative enterprises.

Strategic cultural tourism linking our heritage assets with global audiences.

Community-based creative education, so culture is lived, not just performed.

Anything less than this is merely another survival budget — not a transformation budget.

Our Assets Are Dying — And So Is Trust

We cannot remain passive as key institutions like the North West Arts Council and Mmabana spiral into irrelevance.

These are institutions that qualify for national budget allocations under the Cultural Institutions Act, yet in the North West, they stand as symbols of bureaucratic neglect.

Where is the budget to:

Rebuild them into modern centres of excellence?

Digitise their archives and creative outputs for local and global access?

Professionalise management to compete with best-in-class national institutions?

It is no longer enough to preserve heritage; it is time to monetise, digitise, and globalise it.

The Cost of Divide-and-Rule

We see it, MEC: the old playbook of dividing the sector into small, desperate camps to dilute collective demands.

This political tactic buys time but destroys the ecosystem.

A creative industry cannot flourish under manipulation — it needs informed policy and decisive leadership.

And let’s be brutally clear:

Lack of decisive, informed leadership is NOT the industry’s weakness; it is the department’s.

Uniformed policy decisions driven by political loyalty, not expertise, deepen crisis, not solve it.

The 2025 Budget Speech: What MUST It Deliver

For the MEC to move from ceremonial irrelevance to meaningful leadership, the industry must see a clear, actionable budget blueprint, explicitly funding:

1. District-based creative hubs and service points — fully resourced, staffed, and accountable.

2. Revival and professionalisation of the North West Arts Council and Mmabana — with transparent governance tied to national frameworks.

3. Competitive funding instruments — for SMMEs, festivals, digital content creators, and touring artists.

4. A provincial creative economy master plan — with annual KPIs and industry co-designed targets.

5. Digitalisation strategy — to export North West creativity and heritage to Africa and the world.

6. Skills, training and incubation pipelines — preparing the next generation not for local survival, but global competition.

If the budget cannot deliver these pillars, then don’t call us. Don’t host industry forums, breakfasts, or staged consultative sessions.

The creative industry’s plight is singular, and it is non-negotiable: Real budget. Real solutions. Real transformation.

Enough of Symbolism: Time for Substance

The MEC must understand: ceremonial speeches that recycle language of “preserving heritage” are obsolete.

We are an industry demanding to become an economic engine:

Generating jobs and income streams investment for the creatives.

Strengthening social cohesion through participation, not patronage.

Embracing technological disruption to reach new markets.

Competing globally, not just performing locally.

In Conclusion:

To the MEC: if your 2025 budget speech will once again ignore:

The re opening and accessibility of closed disfunctional service points offices the districts to serve the artists.

The dysfunctional North West Arts Council, renovation and be reppealed from Mmabana to stand alone with its Board And CEO.

The irrelevancy of Mmabana, re design approach of community arts centres, district creative hubs and the provincial theatre ( North West Play House)

And the absence of competitive funding streams, repealing PACC from Mmabana to stand alone as a funding body

Development programs, productions project events markets and festival benefical to the creatives ( Mahika Mahikeng, Calabash, National Arts Festival )

Then please, don’t waste the industry’s time.
We do not ask for the impossible. We ask for leadership, informed policy, and an actionable budget to unlock the North West’s Creative Power for the next five years and beyond.

The sun is setting on ceremonial arts leadership. Either you rise to meet this moment — or step aside so the industry can claim the dawn itself.

Article By; Thapelo Professor Ngaka Molelotuka Mokhutshoane
Published By; Rtflivemagazine - where every story is a masterpiece awaiting to be discovered

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