MPs hear strains of ‘delaying tactics’ after meeting about new Mzansi Orchestra put on hold

21 Feb 2023

The parliamentary portfolio committee on sports, arts and culture was set to hear presentations from the Auditor-General and the Department of Sport, Arts and Culture on the Mzansi National Philharmonic Orchestra, at its first sitting of 2023. But poor network connection and issues relating to outstanding presentations forced MPs to adjourn the meeting.

The sports, arts and culture committee meeting where MPs were to receive presentations from the Auditor-General of South Africa and the Department of Sport, Arts and Culture, was terminated after 90 minutes on Tuesday, as several MPs cited connection issues and outstanding presentations needed to deliberate on the Mzansi National Philharmonic Orchestra.

The virtual session, which began at 9am, was hampered by rolling blackouts, and several MPs, including the committee chairperson, Beauty Dlulane, cited network and connectivity issues. At about 10.30am, it was resolved that the meeting be rescheduled and that the committee hold an in-person meeting to discuss the matter.

The orchestra launched in July 2022, after a Daily Maverick exposé revealed that it had been set up and allocated R54-million by the Department of Sport, Arts and Culture – details of which were revealed in the Mzansi National Philharmonic Orchestra Report 2021/22.

According to a memorandum of agreement signed between the Mzansi Orchestra and the National Arts Council (NAC) in November 2021, and obtained by Daily Maverick, R54.6-million, minus R2.7-million reserved by the NAC for administration fees, would be paid to the orchestra in two tranches.

Daily Maverick understands that the full R52-million has since been paid to the orchestra.

Amid the outcry, the DA announced that it would submit questions to fully interrogate the Mzansi Orchestra, and request the parliamentary committee on sports, arts and culture to haul Minister Nathi Mthethwa and the orchestra’s chief executive, Bongani Tembe, before Parliament. The matter finally came before the parliamentary committee in September 2022, where scant new information was presented, and questions relating to the formation of the orchestra continued to fall on deaf ears.

To date, no annual financial statements or detailed budget or breakdown of how the public funds are being spent have been made available to the parliamentary committee or the public – despite requests from MPs and industry roleplayers including the Cape Town Philharmonic Orchestra.

Last month, GroundUp reported that the Cape Town Philharmonic had turned down R3.2-million offered by the Mzansi Orchestra, over governance and transparency concerns.

Tuesday’s committee meeting was scheduled to see a presentation by the Auditor-General of South Africa (AGSA) on the expenditure of the Mzansi National Philharmonic Orchestra. Several MPs raised concerns about not receiving the AGSA’s presentation beforehand.

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However, in a letter to committee chairperson Beauty Dlulane, dated 16 February 2023, the AGSA informed Dlulane that it was currently not in a position to make a detailed presentation on the expenditure of the orchestra.

“During the previous year’s audit, we raised a finding in the management report of the NAC on possible irregular expenditure in relation to a transfer made to the orchestra. However, a conclusion could not be reached at the time as NAC’s management indicated that they did not have some of the key outstanding information, as certain processes were handled by the Department of Sport, Arts and Culture,” the AGSA’s deputy business unit leader, Mbali Tsotetsi, said in the letter.

“Management of the NAC subsequently disclosed the amount transferred to the orchestra as irregular expenditure under investigation, which means that it was unconfirmed,” she continued.

In response to questions from Daily Maverick regarding the transfer flagged as possible irregular expenditure by the AGSA, the AGSA’s spokesperson, Africa Boso, confirmed that the payment in question was made during the 2021/22 financial year and amounted to R41-million.

“The NAC management disclosed the amount in the financial statements for 2021/22 financial year as irregular expenditure under investigation. This was because they acknowledged that they needed to do a further investigation/determination to confirm whether the amount paid constitutes irregular expenditure as required by the National Treasury framework on irregular expenditure,” Boso explained.

Read in Daily Maverick: “Ill-considered Mzansi National Philharmonic Orchestra plan hits many sour notes”

Tsotetsi said the AGSA’s audit team is currently gathering more information from the department to assist it in “evaluating and concluding on whether there was any non-compliance with the relevant prescripts”.

The AGSA will brief the parliamentary sports, arts and culture committee on the matter once it has finalised the 2022/23 audits, according to Tsotetsi.

On Tuesday, the committee was also set to hear from DA MP Tsepo Mhlongo about a petition to investigate the commissioning by the Department of Sport, Arts and Culture of the Mzansi Orchestra, as well hear a briefing from the department itself. However, several MPs claimed that they had not received Mhlongo’s presentation, and resolved that it be presented when the committee meets in person.

Mhlongo alleged that the connection issues that were cited by some MPs during the meeting and the concerns over outstanding presentations were a “tactic to delay the committee’s interrogation” of the Mzansi Orchestra.

Dlulane denied his claims, saying: “We want to discuss all that was in the agenda today… and engage on this matter and do oversight.” DM

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