Likobo wants the decision of the department to be reviewed and set aside, as he is declaring it to be unlawful.

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Should the court hearing go the way he is hoping, he wants C-Squared to be excluded when the department reevaluates the bids submitted for the tender. His founding affidavit outlines that in awarding the tender to C-Squared, the department had deviated from the tender specifications without informing other bidders. The invitation for service providers to bid to render event management services for the Macufe events, had specifications which included the dates, venues and capacity of the events;

•A Gospel Music Show must be held at Vista University or Dr Molemela Stadium on 2 October 2022.

•A film Expo at Pacofs on 4 October 2022

•A comedy show at Pacofs on 5 October 2022

•Theatre at Civic Theatre on 6 October 2022

•A fashion show at the Bloemfontein Showgrounds on 6 October 2022

•A Divas show at Vista University or Dr Molemela Stadium on 6 October 2022

•A Hip-Hop show at the Rose Gardens on 7 October 2022

•A boxing event at the Bloemfontein City Hall on 7 October 2022

•The Main Jazz Music Festival at the Rose Gardens on 8 October 2022

•A soccer/rugby match at the Free State stadium on 9 October 2022

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However, on 9 September 2022 – Likobo came across Macufe events posters, all stating the venue will be at the Old Greys Sports Club. “The change in venues that were outlined in the bid invitation is a remarkable feature,” he says. 

His affidavit includes that prior to the department releasing the bid invitation, C-Squared had already planned events called “Soulful Sounds 4”. The Soulful Sounds “Laugh Out Loud” comedy show and Macufe comedy show are both scheduled for 5 October 2022, both at Old Greys. The Soulful Sounds “Afro Beat Divas” show and Macufe Divas show are both scheduled for 7 October 2022, both at Old Greys. The Soulful Sounds “Spiritual Revival Gospel” show and the Macufe Gospel show are both scheduled for 2 October 2022, both at Old Greys. All the events seem to almost have the same artists.

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He explains that had he known that multiple events could be hosted at a single venue, DS Consortium’s bid would have been lower than the R22 960 962.40 he had submitted – his bid was that much because he was of a view that he would have to move equipment to and from different venues, which would demand transport and labour. C-Squared’s bid was R16 849 863.80 because different events will be held at the same venue.

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Likobo’s affidavit further states that after he learned about the tender being awarded to C-Squared, he wrote a letter to the MEC of the department to alert her that an investigation report was published by the Special Investigations Unit (SIU) on 10 December 2021, implicating the chosen company in a possible tender fraud. However, the department remained mum. Likobo is of the view that when C-Squared submitted its bid for the tender, it was compelled to declare it was being investigated for tender fraud. However, the bid invitation did not require bidders to disclose whether there is an investigation against them.    

He concludes that the application is filed as an urgent application because had he followed the normal time periods, the matter will not be heard before end of October 2022 and by then, Macufe will be held. The matter will now be heard on 26 September 2022.

The department has been asked for comment.

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