The Free State Department of Sport, Arts, Culture and Recreation and the C-Squared group, a communications and events agency based in Bloemfontein, are determined to continue the Mangaung African Cultural Festival (Macufe) in spite of the Free State High Court’s unfavourable ruling on Monday (03/10).
Judge Phillip Loubser passed verdict favouring Mosa Likobo of DS Consortium, who had brought an urgent interdict against both the department and C-Squared, the service provider that received the tender to organise the multimillion rand event.
Judge Loubser granted default judgement against both the bid winner and the MEC of the provincial department. Judgement orders are as follows: The decisions of the MEC for the department to award the tender to the C-Squared Group was declared unlawful and this set aside any agreement concluded between the two parties. Any decisions reached is struck down in accordance with section 8 of the Promotion of Administrative Justice Act 3 of 2000.
Judge Loubser has ordered both respondents to pay the cost of the application jointly and severally, the one paying the other to be absolved. In addition, DS Consortium’s non-compliance with the rules of the court in relation to the time periods for application was condoned, and the application was heard as urgent.
Judge Loubser stated that the reasons for these orders would be made available on Thursday (06/10). This comes after judgement was reserved after a hearing on Monday, 26 September.
“The department takes note of the judgement to review and set aside the award to host Macufe 2022,” stated Tankiso Zola, spokesperson for the department.
“It further notes the judge’s remarks that Macufe must go ahead, as the judgment is not stopping it. As matters stand, Macufe is proceeding based on the judge’s clarification.”
According to reports, C-Squared announced it would appeal the High Court’s order that declared the Macufe tender awarded to it as illegal.
The DS Consortium challenged the legality of the tender, claiming the process was fraught with irregularities. Attorney Joubert Zietsman, representing DS Consortium, argued that the specifications of the tender that had been changed, were put in the spotlight. He argued that the current Macufe events and the Soulful-to-Soulful events, the brainchild of C-Squared, mirrored each other.
The festival started on 26 September and will end on Sunday (09/10) with the Sunday Soul Session at the Old Greys Club.
