Riddled with controversies, the successful staging of the Mangaung African Cultural Festival (Macufe) is in the balance following an urgent interdict by DS Consortium against the Free State Department of Arts, Culture and Recreation and the C Squared Group.
C Squared was awarded the tender to organise the multi-million rand event.
In an affidavit submitted in the Free State High Court, disgruntled DS Consortium director Mosa Likobo alleges irregularities in the awarding of the tender. Apparently, this was discovered from a media report published on 26 August.
The matter was heard in court on Monday (26/09), and judgment was reserved after presiding Judge Phillip Loubser had heard arguments by the opposing parties. Judge Loubser indicated the matter was too complex for him to make a judgement immediately, or on Tuesday.
He said what he wanted to understand throughout the hearing was why the applicant, Likobo, had waited until the commencement of Macufe to launch an urgent application.
Judge Loubser explained that in the affidavit Likobo stated that he had found out on 9 September that Macufe events would be happening on only one premises, namely that of the Old Grey Sports Club – a fact on which his application is based. Judge Loubser asked why Likobo had not applied at that time.
Judge Loubser also asked: Should his judgment favour the applicant, what would it mean for Macufe 2022 – did it mean there would not be a Macufe for the third year running?
Judgement is expected this week to clear the cloud over the festival, which will mark 21 years of its staging since inception in 1997.
Likobo stated in court papers that he had written to MEC Limakatso Mahasa to alert her department that an investigation report published by the Special Investigations Unit on 10 December 2021 implicated C Squared in possible tender fraud, and the department did not respond. He believes that C Squared was compelled to declare it was under investigation for tender fraud. Likobo stated that closer scrutiny of the bid invitation revealed that the SBD4 disclosure form contained in the bid invitation did not require bidders to disclose investigation.
It emerged that C Squared’s bid was R16 849 863 and DS Consortium’s R22 960 962. The latter cited that the only conceivable reason C Squared could have priced its bid competitively was because multiple events would be hosted at Old Grey – and if they had known, they would, or could, have markedly lowered the bid submitted.
- Efforts to get comment from C Squared or the department were unsuccessful at the time of going to print.
