This time, the Free State Department of Sport, Arts, Culture and Recreation has taken a decision to appeal Judge Phillip Loubser’s judgment, setting aside the decision of the department to appoint C-Squared Consumer Connectedness as the service provider for Macufe, as he has declared it unlawful.

However, the judgment didn’t stop the festival from going ahead - as Loubser said, stopping the festival from continuing will have financial repercussions on several institutions and on the community. 

According to the departmental spokesperson, Tankiso Zola, the judgment has been appealed and it is expected to be heard in court on Monday 10 October 2022. The judgment was handed down on 3 October 2022, a few days after the commencement of Macufe. 

Loubser explained in his reasons for the judgment that he had refrained from granting the orders in prayer 4 of the Notice of Motion because doing so would not be in the best interests of the public. 

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.

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

Loubser added that when he made the decision to refrain from granting the orders in prayer 4, he was mindful of the facts alleged by the director of DS Consortium, Mosa 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. "I am also mindful of what was alleged by C-Squared, that the first event of the festival took place a day before the court heard the application," he said.

As prayer 4 of the Notice of Motion deals with the suggested remedy, should the award decision be reviewed and set aside? Although he delivered that verdict, he believes that if those orders are carried out, the festival will come to an abrupt end, with financial ramifications for many institutions and patrons.

"It is best to leave the way forward in the hands of the parties – 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 director of DS Consortium, Mosa Likobo, says that they will now rely on the department to immediately implement the orders as communicated by the court. "We are ready to work closely with the government to ascertain that this matter is dealt with swiftly and we reach amicable solutions," he adds. 

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