The judgment handed down by the Bloemfontein High Court’s Judge Phillip Loubser outlines that the decision of the department by appointing C-Squared as the service provider for the Mangaung African Cultural Festival (Macufe) has been reviewed, and found unlawful, setting aside the service agreement between the company and the department.

Despite the judgment, the departmental spokesperson, Tankiso Zola, says the festival will go on as planned. 

"As matters stand, Macufe 2022 is proceeding based on the Judge’s clarification," he concludes. 

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The reasons for Loubser’s judgment are to be communicated on Thursday 6 October 2022. 

The decision to award C-Squared Consumer Connectedness the tender as service provider for Macufe, was challenged in court by Mosa Likobo, director of DS Consortium, who wanted the decision reviewed and overturned because he believed it was illegal.

His founding affidavit 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. 

His affidavit included that prior to the department releasing the bid invitation, C-Squared had already planned events called "Soulful Sounds 4".  

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 nearly R23 million he had submitted – his bid was that much because he was of the view that he would have to move equipment to and from different venues, which would demand extra costs for transport and labour. C-Squared’s bid was R16,8 million because different events will be held at the same venue.

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At least three days before the first official Macufe 2022 event was held, DS Consortium, the department and C-Squared were heard by the court.  Joubert Zietsman appeared on behalf of DS Consortium, Lungile Bomela for the department, and Jerry Merabe for C-Squared. Loubser asked during the hearing, that should his judgment favour the applicant, what will it mean for Macufe 2022 - does it mean there won’t be a Macufe for the third year running?

Zietsman argued that it won’t necessarily mean that there "won’t be a Macufe 2022". All they want is for things to be done lawfully. 

He 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. He also said that the department has failed to submit an appointment letter showing that C-Squared has been agreed upon 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 adds. 

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

Bomela states that the specifications of the tender were not changed. C-Squared changed the venues of the events after they were announced as the successful bidder, and that is allowed. 

He also referred to Likobo's affidavit, which stated that he wrote to the MEC responsible for Sport, Arts, Culture and Recreation, Limakatso Mahasa, numerous times to inquire as to who received the tender, but that the body that awards tenders does not have records of the letters in question because Mahasa is not a member of that body. 

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. 

He said his client changed most of Macufe's event venues to the Old Greys Sports 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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