MBABANE – The legal tussle between the Association of Christian Artists in Eswatini (ACAESWA) and the Eswatini National Council of Arts and Culture (ENCAC) has entered a fresh phase.
ENCAC, in its answering papers filed in the High Court, is contending that ACAESWA is not a recognised arts and culture body under the applicable regulations.
In its documentation, ENCAC, through an affidavit deposed by its Chief Executive Officer, Stanley Dlamini, asserts that ACAESWA’s claim to represent Gospel artists in Eswatini lacks legal standing, as the association has not been formally recognised in terms of the Regulations for Recognition of Arts and Culture Bodies (2035).
“We wish to inform the court that the applicant is not a recognised arts and culture body under the Regulations for Recognition of Arts and Culture Bodies (2035),” submitted Dlamini.
It was his submission that, this non-recognition means ACAESWA lacks the ‘direct and substantial legal interest’ to seek an interdict or claim exclusive mandate over Gospel artists.
These are allegations contained in an affidavit whose veracity is still to be tested in court.
The legal challenge traces back to ACAESWA’s move to obtain declaratory relief. ACAESWA has sought a court declaration that it is the lawfully appointed and recognised organisation for Gospel artists in Eswatini and has pursued an interdict against a rival body, the Association of Gospel Music in Eswatini (AGME), alleging that AGME and ENCAC’s involvement in Gospel-awards activities undermines its exclusive mandate
The matter is not new. ACAESWA’s President, Mzwakhe Myeni, previously challenged ENCAC after the council dissolved ACAESWA and endorsed a new association to handle the Gospel awards. That decision saw the court interdict ENCAC from hosting the Gospel Awards and prohibit ENCAC from banning ACAESWA’s proposals.
Despite that earlier ruling, ENCAC maintained and reiterated in its answering papers that only formally recognised bodies may claim the rights and privileges accorded under the Recognition Regulations.
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