This was done to investigate whether there were any irregularities in awarding the tender to C-Squared. The matter was previously brought before the Free State High Court and Judge Phillip Loubser ruled that the tender process in awarding the tender to the company in question was not fair, equitable, and competitive, contravening Section 217 of the Constitution. 

The Hawks’ senior communication officer, Philani Nkwalase, says a criminal case was opened after allegations were made during the court hearing that the tender was tainted by administrative irregularities. “The administrative irregularities included deviating from the specifications in the tender invitation, without informing other applicants.”

ALSO READ: C-Squared wins R16,8 million bid to organise #Macufe

Macufe made a comeback after being on a two-year break due to the Covid-19 pandemic. The announcement that the provincial department of Sports, Arts, Culture and Recreation’s controversial flagship programme will return was first made by the provincial premier, Sisi Ntombela, during her State of the Province Address earlier in 2022.

With less than two months left for Macufe to take place, the departmental spokesperson Tankiso Zola said the service provider, which will be the implementing agent for the festival, will be appointed by the end of August 2022. Trouble mounted when the department appointed C-Squared as the service provider for R16 849 863.80.

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

The department’s decision was dragged to court by the director of DS Consortium, Mosa Likobo, who had also submitted a bid to be appointed as the service provider.

In his founding affidavit, he outlined 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.

“The tender required bidders to bid according to different venues at which different events will be held. However, the appointed company will hold most of the Macufe events at a single venue, the Old Greys Sports Club,” he explained. Likobo also stated that the change in venues that were outlined in the bid invitation is a remarkable feature and 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.

He was of the 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 they planned to host different events the same venue.

ALSO READ: Decision to appoint C-Squared for Macufe set aside

The matter of which company deserves to host one of the biggest festivals in the province was heard in court three days before it officially started. Even though Likobo’s application was an urgent court application, Loubser still reserved his judgment as he said the case is too complex for him to make a judgment immediately after hearing all sides’ arguments. 

Joubert Zietsman, on behalf of DS Consortium, argued 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. Arguing on behalf of the department was Lungile Bomela - who stated that the specifications of the tender were not changed. C-Squared changed venues of the events after he was appointed as the successful bidder, and that is allowed.

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 added 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 says 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.

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

Days after the commencement of Macufe, Loubser handed down his judgment, setting aside the department’s decision to appoint C-Squared as the service provider. Macufe still went ahead, with C-Squared as the implementing agent after the judgment, as the jugdment did not prohibit the festival from continuing.

With three days left before the end of the festival, Loubser gave reasons for his judgment, which included that the parties involved in the court battle must reach a way forward without the court’s interference. He said he has refrained from granting the orders in prayer 4 of the Notice of Motion – because it would not be in the best interest of the public, should he grant those orders.

Some of the orders in question are:

- The tender must be awarded to the applicant – DS Consortium - or the department of Sport, Arts, Culture and Recreation must be ordered to re-evaluate the bids submitted.

- C-Squared, as the successful bidder, must be excluded from the re-evaluation.

Loubser added that when he decided to refrain from granting the orders in prayer 4, he was mindful of the facts alleged by Likobo, that Macufe is one of the largest emerging festivals in Africa, and when it was last hosted in 2019, it attracted around 200 000 people. As prayer 4 of the Notice of Motion deals with the suggested remedy, should the award decision be reviewed and set aside (although he handed down that verdict), he believes should those orders be ordered, it will bring an abrupt end to the festival, which will have financial repercussions for many institutions and patrons.

ALSO READ: Department’s appeal dismissed in Macufe case

Before the Hawks seized documents from the department’s office, the department dragged the Macufe matter back into court to appeal Loubser’s judgment.

However, the appeal application was dismissed with costs.

A Bloemfontein businessman, Selby Hiliza, previously 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 about the awarding of the tender to host Macufe, which was held from 2 to 9 October 2022.

As far as the confiscation of the documents is concerned, Nkwalase in a media statement concluded that more information will be released after the investigation is concluded.

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