Is McKenzie's disclosure legal?
The Citizen|July 12, 2024
POPI ACT: NAMING GOVERNMENT-FUNDED ARTISTS IS ACT OF TRANSPARENCY, SAYS LAWYER
Zanele Mbengo
Is McKenzie's disclosure legal?

Doing it without consent may have been ‘reckless’ – analyst.

Did Sport , Arts and Culture Minister Gayton McKenzie violate people’s legal right to privacy when he released a list this week of artists and creatives who received funding from the government.

Comments on social media by some of those on the list accused McKenzie of violating the Protection of Public Information (Popi) Act in making public the information without their express permission.

But while his action may be considered reckless, it was not unlawful, according to an analyst.

Noma-Gcina Mtshontshi, director at Mtshontshi Att orneys Inc, noted the Popi Act states that personal information shouldn’t be disclosed for unintended purposes.

“We’re dealing with artists and creatives who sought support from the government funded by taxpayers, the public. It’s about transparency. Shouldn’t the public know where their tax money goes?” she asked.

The ANC Youth League (ANCYL) slammed McKenzie’s conduct and labelled it as disgraceful and unacceptable. It pointed to unprofessional ethics and intentional lack of consideration for artists’ dignity .

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