Gabrielle Goliath Sues Gayton McKenzie Over Cancelled Venice Biennale Project

Key Takeaways

• Gabrielle Goliath has filed an urgent application against Arts and Culture Minister Gayton McKenzie to have his decision to cancel her 2026 Venice Biennale selection declared unlawful and set aside.
• Goliath’s lawyers argue that McKenzie’s attempts to interfere with and obstruct the independent selection committee’s decision are unconstitutional, unlawful, and invalid.
• The minister’s actions demonstrate a worrying clampdown on the freedom of artistic expression, which is protected in South Africa’s Bill of Rights.
• Goliath’s artwork, Elegy, is a 7-channel video installation that foregrounds practices of mourning, survival, and repair, and is not about violence but about giving voice to the stories of women and marginalized communities.
• The case highlights the importance of protecting artistic freedom and the rule of law in South Africa.

Introduction to the Case
The intersection of law and art has been highlighted in a recent court case, where Gabrielle Goliath has filed an urgent application against Arts and Culture Minister Gayton McKenzie. Goliath is seeking to have McKenzie’s decision to cancel her 2026 Venice Biennale selection declared unlawful and set aside. The case centers around Goliath’s artwork, Elegy, which was unanimously selected as the sole South African representative at the Venice Biennale. Despite the selection, McKenzie attempted to cancel the selection, citing concerns about the artwork’s content and its potential to damage South Africa’s reputation.

The Legal Argument
Goliath’s lawyers argue that McKenzie’s attempts to interfere with and obstruct the independent selection committee’s decision are unconstitutional, unlawful, and invalid. They claim that the minister’s actions demonstrate a worrying clampdown on the freedom of artistic expression, which is protected in South Africa’s Bill of Rights. The lawyers also argue that McKenzie’s conduct constitutes a breach of the doctrine of unconscionable state conduct, as he has reneged on a public undertaking to follow a public and lawful tender process. Furthermore, the lawyers argue that McKenzie’s actions have created an impression that South African artists must self-censor to ensure that their work complies with the views and beliefs of those in high executive office, which erodes freedom of expression.

The Shifting Goalposts
The papers filed by Goliath’s lawyers are critical of McKenzie’s constant shifting of goalposts regarding the reasons he sought to censor and obstruct Goliath. Initially, the minister had cited concerns about needing to protect South Africa against allegations of genocide, but later alleged that he had concerns about a foreign power hijacking the South African Pavilion for its own geopolitical agenda. Goliath argues that this shifting of goalposts and McKenzie’s retrospective application of criteria that were never publicly published, but used to disqualify her, was "incoherent and irrational".

The Artistic Expression
Goliath’s artwork, Elegy, is a 7-channel video installation that foregrounds practices of mourning, survival, and repair. The artwork is not about violence but about giving voice to the stories of women and marginalized communities. The rehearsals for the final suite of the artwork took place in Cape Town, where a group of female vocalists performed a poignant and powerful piece that highlighted the absence of sound and the intensity of silence. The women participating in Elegy are classically trained, and those who spoke to Daily Maverick bridled against McKenzie’s suggestion that the work is "divisive" and does not tell South Africa’s story.

The Impact on Artistic Freedom
The case highlights the importance of protecting artistic freedom and the rule of law in South Africa. Goliath’s experience has proven how "life-affirming" Elegy is, and the team’s decision to go ahead with creating the final piece of the artwork demonstrates the persistence of art in challenging power. The case also raises concerns about the minister’s attempts to dictate what kind of art should be showcased at the South African Pavilion in Venice, and the potential implications for artistic freedom in South Africa.

Conclusion
The case of Gabrielle Goliath vs. Gayton McKenzie is a significant one, as it highlights the importance of protecting artistic freedom and the rule of law in South Africa. The minister’s actions have been deemed unconstitutional, unlawful, and invalid, and the case has sparked a national conversation about the role of art in challenging power and promoting social justice. As the case continues to unfold, it remains to be seen how the court will rule and what implications this will have for artistic freedom in South Africa.