While the community of Mangaung is on the edge of their seats, awaiting the judgment to be delivered by the Free State High Court’s Judge Phillip Loubser, the applicant, Mosa Likobo, is of the view that Monday 26 September 2022’s hearing was fair and his counsel argued good points – mainly the merits of the application, while (as he expected) the other side argued mainly on the matter of urgency. 

He explains naturally, as an applicant, he would hope the verdict will be in his favour – however, the application is not about him alone, it is about being the voice of the voiceless. “Many times as bidders to tenders, we accept whatever outcome is given by departments, we do not really question why our bids were unsuccessful.” The point of submitting the application was because he felt proper, lawful processes were not followed – this stems from the details of Macufe events being different from the tender specifications, among other details.

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Likobo also says that he trusts the judge will deliver a verdict that will favour all parties involved – the nine bidders who tendered; the people of the Free State, especially the Mangaung community; also the local artists. The question that was raised the most during the hearing on Monday was why Likobo waited days later to file his application whereas he already knew who the successful bidder was – during the hearing, senior counsel for DS Consortium, Joubert Zietsman, said they believed they still had time to appeal the matter, as Macufe was supposed to commence on 2 October 2022. The successful bidder was, according to him, allowed to change the dates of the commencement. He says it was out of their hands to decide when they can be heard in court.  

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In an interview with OFM News, Likobo explains the details of where and when the events should be held are very important specifications in the Macufe tender because the events are centered on those specifications. “The tender invitation requested us to quote on certain specifications, including the dates, venues, and the type of line up to be had on a specific day. Every bidder was expected to reply according to these specifications – which I hope was done,” he adds. By the time the tender invitations were out, the Macufe 2022’s successful bidder already had his own events details out in the public. Those events were to happen around the same time as prescribed dates of Macufe. “Now, when the tender was awarded to this particular events’ company through advertisements of Macufe posters, because we have not seen a signed agreement nor appointment letter – Macufe and the company’s own events are a mirror of each other, from the lineup, to the venues, and dates,” says Likobo.

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Likobo further explains that what he bidded on is completely different from what is set to happen as far as Macufe is concerned, and he finds this to be an unfair process. He concludes that it is not their intention for the judge to interdict Macufe, but it is the interest of everyone that processes are done fairly.

The verdict is yet to be delivered by Judge Loubser.

OFM News