High Court throws out former SA Tourism board’s challenge against the Minister

The former South African Tourism Board’s application for an urgent interdict to block Tourism Minister Patricia De Lille’s decision to dissolve the board has been struck from the court roll. 

On 16 October, De Lille welcomed the High Court’s decision. “I’ve been vindicated, but I always knew that I was acting within the prescript of the law and followed the law to the letter,” she said. 

The minister has already, in the meantime, gazetted an advertisement for new board members on 10 October. 

“I hope South Africans who want to serve will respond to the call. Those who want to serve the government,” she said. 

“Then, certainly, we can avoid all of these problems that we have experienced in the past.”

OUTA CEO Wayne Duvanage said the Minister’s reaction is short-sighted, as the case will still be heard at a later date.

“While the judge did not agree with urgency on this matter, this does not mean the case is weak. On the contrary, we believe the merits remain as strong as ever, and hopefully the case will be heard before the minister’s formal process of appointing a new board,” Duvanage told Newsday.

“We maintain she did overreach and has interfered without going through her board on significant matters. This will all be tested in the courts in due course.”

De Lille dissolved the SA Tourism board in August 2025 and removed all its members with immediate effect, citing “unlawful” meetings and resolutions.

This followed the board’s decision to place its CEO, Nombulelo Guliwe, on precautionary suspension, citing allegations of serious financial misconduct.

The Minister’s move sparked widespread backlash. The Organisation Undoing Tax Abuse (OUTA) called the decision “disgraceful” political interference, accusing the Minister of protecting the CEO instead of backing board oversight.

The Democratic Alliance criticised the Minister for targeting the board while ignoring serious allegations against the CEO

‘I have been vindicated’ – De Lille

According to the Minister, in their written representations, “the board members failed to address the legality of the special board meeting held on 01 August 2025, at which an unlawful resolution was taken.”

Legal advice to De Lille said that only the Chairperson may call such a meeting, yet the board proceeded despite the resignation of Chairperson Professor Gregory Davids the day before.

According to the Minister, this meant the board “acted unlawfully and ultra vires its powers,” adding that she had previously warned the board about the consequences of failing to follow proper governance procedures.

When the dissolved board members announced they would take the issue to court, Duvanage said that De Lille’s justifications would collapse completely if the board could prove that the alleged meeting didn’t take place. 

He argued that “courts have a precedent in overturning irrational ministerial decisions.”

A precedent for the case took place in 2018, when former Transport Minister Dipuo Peteres dissolved the Transnet Board. 

According to court documents, members of the Passenger Rail Agency of South Africa (PRASA) board were removed after the Auditor General uncovered R550 million in irregular expenditure. 

The dissolved PRASA board said at the time that the dissolution directly interfered with internal investigations and was actually prompted by the board’s termination of the then-group CEO. 

The Gauteng High Court granted the urgent interdict, and ordered that the decision be overturned and the directors be reinstated.