The department was appealing the judgment that was handed down by Judge Phillip Loubser after he found the decision to appoint C-Squared as the service provider of the festival, unlawful. Although his judgment did not stop the festival from continuing after it already started, he instead outlined in his reasons for the judgment that the parties involved in the court battle must find a way forward without the court’s interference. 

Loubser added that he did not forbid the festival to continue because it will bring an abrupt end to the festival, which will have financial repercussions for many institutions and patrons. “It is the best to leave the way forward in the hands of the parties – the director of DS Consortium, Mosa Likobo, the department, and C-Squared, without interference by the court, which could have a disastrous effect on a wide front,” said Loubser.  

ALSO READ: Parties involved in Macufe court battle must reach decision on their own

The decision of the department being dragged to court began when Likobo launched an urgent court application, with the intention of the decision being reviewed and set aside. His reasons for the court application were some of the tender specifications have been changed to suit the successful bidder. Different events were to be held at different venues, however, most of the venues were now changed to be held at one venue. He explained 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.

ALSO READ: #Macufe: Court bid launched against Free State Arts and Culture

In the latest, a Bloemfontein businessman, Selby Hiliza, has laid a formal complaint at the South African Police Services (SAPS) against different officials from two different provincial departments. Hiliza wishes for the SAPS to investigate possible acts of fraud and corruption with regard to the awarding of the tender to host Macufe, which was held from 2 to 9 October 2022. He alleges that there have been pre-payments of over R14 million to the successful bidder. “An action I regard as a breach of the Public Finance Management Act and the relevant regulations, as well as specific terms of the said tender,” reads his written affidavit.

The departments mentioned in Hiliza’s affidavit have been asked for a comment.

OFM News