The court action, launched by arts journalist Matthew Blackman, is also seeking clarity on why the position of commissioner of the project was not advertised.
The department chose collector and private art gallery owner Monna Mokoena as commissioner for the event.
The department has refused to answer Blackman's questions since September last year.
The Biennale is an international art exhibition held every two years in Venice, Italy.
Last year, the department told the DA, in response to a parliamentary question, that it did not have time to follow prescribed tender processes in the appoint of the commissioner.
In his affidavit, Blackman said there were concerns in the art world that Mokoena was able "to influence the selection of participating artists in favour of artists affiliated to his gallery".
Two of the three artists who went to the Biennale, Lyndi Sales and Mary Sibande, are represented by Mokoena at his gallery - Gallery Momo in Parktown, Johannesburg.
Mokoena, however, told The Times that there was no conflict of interest because the curator he appointed, Thembinkosi Goniwe, chose the artists and had acted independently.
Sibande confirmed this, saying she was picked for the Biennale by curator Goniwe who had been her mentor since 2008. Sales was not available for comment.
Goniwe said he would prefer not to comment while the case was being heard in court.
Blackman's affidavit also raises the issue of the millions spent on the exhibitions, saying "public funds may have been utilised without full disclosure in relation to . participation at the Biennale".
A budget of R14.1-million was provided to the DA in response to a parliamentary question to the Minister of Arts and Culture Paul Mashatile.
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