South Africa’s decision to pull its selected presentation for its national pavilion at the 2026 Venice Biennale has escalated into a constitutional court battle, as the artist and curator originally tapped to represent the country filed legal action today seeking to overturn culture minister Gayton McKenzie’s abrupt cancellation.

In papers lodged with South Africa’s high court on January 22 and reviewed by Artnet News, artist Gabrielle Goliath and curator Ingrid Masondo argued that McKenzie’s intervention was “manifestly unlawful,” claiming that his decision to cancel the artist’s presentation of the work Elegy is “a blatant and egregious example of censorship and silencing of dissent” that is “not permissible” under section 16 of South Africa’s Bill of Rights. The filing asked the court to reinstate their pavilion ahead of the Biennale’s February 18 submission deadline, even as the culture minister said earlier this week that he is making plans to replace the exhibition.

Goliath was unanimously selected to represent South Africa at this year’s Biennale with the ongoing performance piece Elegy, which commemorates the unjust killing of various groups, including women and queer people in South Africa, and victims of atrocities like the Herero and Nama genocide of the early 1900s. This new iteration, curated by Masondo, would also touch on the deaths of tens of thousands of Gazan women and children since October 2023, which prompted McKenzie to describe the artwork as “highly divisive.” He abruptly canceled the exhibition on January 2.

In the court filing, the artist and curator alleged that the minister found “the tragic loss of innocent lives” of women and children in Palestine “unpalatable.” But as their appointment to represent South Africa was made by an independent committee, the decision was “binding.” Before they had a chance to reply to his “threats” to cancel the show, they claimed, McKenzie released a statement that he had terminated the pavilion.

Gabrielle Goliath, Elegy (2015–present) at Verbo Performance Art Festival. Photo: James Macdonald.

“If the minister was of the view that there was anything unlawful about that decision, his only remedy was to approach a court to review it and set it aside,” the filing states. “Instead he has resorted to unlawful self-help and simply purported to cancel that decision.”

In a letter to Goliath and Masondo’s legal team on January 20, attached to the filing, McKenzie asserted his “discretionary right to determine what artistic works or exhibitions may be supported, funded, or displayed” under the ministry’s banner.

Plans for a New Pavilion

The minister also confirmed that he intends to proceed with alternative arrangements for the South Africa pavilion. His ministry is allegedly in talks with the 30-artist collective Beyond the Frames about staging a project titled “Shameless Rebellions: a South African Chorus.” The collective had responded to the original open call for artists to represent South Africa in November, according to a report by the Art Newspaper.

A spokesperson for the collective said he is unable to comment, citing “pending legal action against the minister.”

Goliath’s team also declined to comment on rumors that Beyond the Frames is in talks with McKenzie’s team. “Our position, however, is that any attempt to replace the selected project and team would grossly undermine a transparent public selection process and the integrity of the independent curatorial selection committee,” they said in an email.

South African Culture Minister Gayton Mckenzie. Photo: Frennie Shivambu/ Gallo Images via Getty Images.

“The implications of the minister’s actions are far-reaching, affecting not only us but the broader South African arts community,” they added.

Mounting Investigations

Several NGOs and members of South Africa’s arts community have decried McKenzie’s decision, which they see as a violation of freedom of expression. South Africa’s public protector, advocate Kholeka Gcaleka—an independent official tasked with investigating misconduct in state affairs—is currently processing a formal complaint against McKenzie from an opposing political party, lodged earlier this week.

The non-profit Campaign for Free Expression’s executive director Nicole Fritz has urged South African president Cyril Ramaphosa to initiate an immediate government intervention to prevent future “abuses of power.”

Meanwhile, there is mounting scrutiny McKenzie’s claim that he canceled the exhibition due to interference by a “foreign power,” as he noted in his January 2 statement. Last week, the Israeli ynetnews, alleged that the interfering nation was Qatar, but the South African news outlet Daily Maverick reported shortly after that it was limited to the state-owned Qatar Museums’ acquisition interest in a video edition of Elegy prior to Goliath’s Venice Biennale appointment.