The court has set aside the Free State Department of Sports, Arts, Culture and Recreation’s decision to appoint C-Squared as the service provider.

Judge Phillip Loubser's verdict is in favour of the applicant - the director of DS Consortium - Mosa Likobo. The decision taken by the department to select C-Squared as the service provider for Macufe has been reviewed, declared unlawful, and set aside.

The department and C-Squared have been ordered to pay the costs of the application jointly. The reasons for the judgment will be made available on October 6th.

ALSO READ: Will #Macufe 2022 continue as planned?

During the hearing the attorney who appeared on behalf of DS Consortium, Joubert Zietsman, argued that the specifications of the tender that were changed were put in the spotlight. He argues that the current Macufe events and the Soulful-to-Soulful events, the brainchild of the successful Macufe bidder C-Squared, are a mirror of each other.

"It is unfair to other bidders that the specifications of the tender were changed without any notifications," he added.

ALSO READ: #Macufe: The show must go on

He further argued that the Department has failed to submit an appointment letter showing that C-Squared has been appointed as the service provider. In addition to no appointment letter, there isn’t any signed agreement between the department and C-Squared.

"Millions have already been spent towards Macufe 2022, however, there isn’t any agreement signed between the two parties.”

He also said according to his and his client’s knowledge, Macufe was to commence on 2 October with a gospel event, and a soccer match held on 25 September 2022 was to be held on 9 October 2022, according to the specifications on the tender invitation. Therefore, they believed they still had time to appeal.

ALSO READ: #Macufe: Fairness must be a focal point in tenders

The attorney representing C-Squared, Jerry Merabe, told the court that the Soulful-to-Soulful events in question were organised when it was not clear whether Macufe would go on or not —before the department released the tender invitation for service providers. He adds that C-Squared has an agreement with the department that it will no longer go on with the Soulful-to-Soulful events, and will dedicate its time and efforts to making Macufe a success. Coming to the issue of changed venues, he said his client changed most of Macufe's event venues to the Old Greys Club because the stated venues on the tender specifications were no longer available for hire. The two parties, C-Squared and the department, agreed that the venues could be changed.

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