A Dangerous Precedent: Artist–Curator Team Responds to Court Ruling

A news item by ArtThrob Editors on the 19th of February 2026. This should take you 2 minutes to read.

Background

The Gauteng Division of the High Court dismissed the case brought by Gabrielle Goliath and Ingrid Masondo against the Minister of Sport, Arts and Culture, Gayton McKenzie.

In January 2026, Minister McKenzie cancelled ‘Elegy’ as the selected work to represent South Africa’s pavilion at the 61st Venice Biennale – overriding a decision by an independent selection committee of art experts.

On Thursday, 22 Jan, Goliath and her team took urgent legal action to challenge the minister’s decision. The lawsuit accused the minister of acting unconstitutionally.

On Wednesday, 18 February, a week after a hearing was held, Judge Mamoloko Kubushi dismissed the case. She did not give a reason for her decision and awarded costs to the respondents, which included the minister.

The decision came on the final day for Venice Biennale pavilion submissions, leaving South Africa without representation.

A statement from the selected Artist-Curator team

Dated 18 February 2026

As the selected artist-curator team, we are profoundly disappointed by Justice Kubushi’s ruling. Our application was dismissed with no reasons given at this stage. The judge dismissed the application in two sentences, and a full week after hearing argument (on the afternoon of the Venice Biennale’s submission deadline for National Pavilion exhibition plans). It was also a shock to learn that she has ordered us to pay costs of the application, including costs of a senior and junior counsel. These are punitive measures, enacted against those the Department of Sport, Arts and Culture (DSAC) is mandated to support, and will certainly discourage others in the arts community from attempting to defend their constitutional rights in court.

We believe this ruling sets a dangerous precedent, jeopardising the rights of artists, curators and creatives in South Africa to freedom of expression – freedom to dissent. It goes without saying that we will be contesting this ruling through an appeal.

We are grateful to our legal team, and to all those who have encouraged us and mobilised on our behalf. We ask that you continue to journey with us, as, in the spirit of Elegy, we refuse conditions of disregard and dare to think and dream the world differently.