The departmental spokesperson, Tshidiso Mokokoane, confirms that the three are back in the office, but in different positions. An internal labour investigation against the officials continues, but the merits of the investigation cannot be discussed until the matter has been finalised.

The officials in question and their new positions at the department are:

• Lebone Pakiso Elias is now acting Chief Director: Municipal Financial Management, from 27 March 2023;

• Edward Kotjomela is now Deputy Director: Municipal Budgets, from 2 May 2023; 

• Lekoa Molotsi is now a Supervisor of Registry and Messenger Services, from 27 March to date.

Mokokoane promised OFM News they would issue a full media statement, but for now they don’t want to hamper the ongoing investigation.

Also read: C-Squared wins R16,8 million bid to organise #Macufe

Macufe 2022

C-Squared was appointed as the service provider for Macufe 2022, the flagship programme of the Free State Department of Sports, Arts, Culture, and Recreation. According to the details of the successful bidder, C-Squared’s total bid price to organise the event was R16 849 863.80. C-Squared’s involvement with Macufe goes far back. The company has previously been accused of milking the department's money with the festival.

C-Squared CEO Ben Moseme refuted allegations that the festival "only benefits a few politically connected whilst the bulk of the income generated from the festival goes towards his company".

Many questions about the funds allegedly allocated to Macufe remain unanswered. While the Department of Arts’ spokesperson, Tankiso Zola, confirmed no virtual or physical Macufe was held in 2021, the department said in reply to a question tabled in parliament at least R3 million had been allocated. Although a virtual Macufe 2021 was apparently in the pipeline, it never saw the light of day.

Also read: #Macufe: Court bid launched against Free State Arts and Culture

Macufe 2022 in Court

For the 2022 festival, it all began during the State of the Provincial Address when former Premier Sisi Ntombela announced that Macufe will make a return after a two-year break. The director of DS Consortium, Mosa Likobo, launched an urgent court application before the commencement of Macufe against the department for awarding the tender to C-Squared. Likobo wanted the decision of the department to be reviewed and set aside, as he is declaring it to be unlawful. His founding affidavit outlined that in awarding the tender to C-Squared, the department had deviated from the tender specifications without informing other bidders.

Also read: Decision to appoint C-Squared for Macufe set aside

Bloemfontein High Court’s Judge Phillip Loubser handed down his judgment days after the commencement of Macufe. 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.

Arguing on behalf of the department was Lungile Bomela - who states that the specifications of the tender were not changed. C-Squared changed the venues of the events after he was announced as the successful bidder, and that is allowed. The attorney representing C-Squared, Jerry Merabe, said that C-Squared had 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.

Also read: Breaking News: C-Squared’s Macufe letter revealed

C-Squared’s letter to the department

The letter happens to be from the law firm representing C-Squared, addressed to the MEC for the department in question, Limakatso Mahasa. The letter is titled ‘RE: CALL FOR BIDS: MACUFE FESTIVAL 2022SCM MACUFE 01/22’.

The second point of the letter states that C-Squared has been involved with the Macufe festival for over 12 years and has played a major role in presenting and developing Macufe by providing creative direction, logistics, and infrastructure.

The letter states that “C-Squared’s concerns about the tender invitation include that the timing of the call for bids, at such a late stage, is severely unfortunate as it seems that some of the events that the department intends to host and hold during the festival period, had already been catered for by C-Squared for the same period, which may lead to confusion and/or duplication of events.

Also read: C-Squared earning millions despite the pending judgment

Payments to C-Squared

The Bloemfontein High Court on 31 May 2023 ordered the Department of Arts to settle the outstanding R3 344 000 to C-Squared for the work they have done for Macufe in 2022.  The High Court’s order comes during a pending appeal by the Department of Arts. The Department of Arts is appealing the decision twice, and this time it is sitting at the Supreme Court’s table.

The DA’s David van Vuuren said they want the MEC and HOD to personally be held liable for the unlawful appointment of C-Squared. Van Vuuren explained that the department appeared before the Provincial Legislature’s Public Accounts and Finance Committee but argued that the matter could not be resolved since it was still being litigated. “They did not inform the service provider that the payment was subject to a final judgment following the outcome of an appeal.

Also read:  Macufe tender scrutinised by Hawks

Hawks zooms in on Macufe

The Hawks have recently seized certain documents from the department’s offices. The documents are believed to be Macufe tender documents.

The Hawks’ senior communication officer, Philani Nkwalase, says a criminal case was opened after allegations were made during the court hearing that administrative irregularities tainted the tender. “The administrative irregularities included deviating from the specifications in the tender invitation, without informing other applicants. The confiscation of documents is done to allow for investigation into the matter."

OFM News