The provincial Department of Sports, Arts, Culture and Recreation has now approached the Supreme Court of Appeal to relook into Loubser’s judgment. 

The department’s appeal application was previously dismissed with costs by the Free State’s High Court in Bloemfontein. Loubser’s judgment outlined that the department’s decision to appoint C-Squared as the service provider for Macufe was unlawful, and should be set aside. However, because the judgment was handed down days after the commencement of the festival, which is one of the biggest in the province, Loubser did not forbid it from continuing as he believed it would have had dire financial repercussions for many institutions and patrons.

ALSO READ: Department’s appeal dismissed in Macufe case

The decision of the department being dragged to court began when the director of DS Consortium, Mosa Likobo, as one of the unsuccessful bidders for Macufe, launched an urgent court application with the intention of the decision being reviewed and set aside. His reasons for the court application were that some of the tender specifications have been changed to suit the successful bidder, C-Squared. 

Different events were to be held at different venues, however, most of the venues were changed and events were 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 tender scrutinised by Hawks

In the latest, the South African Police Services' Directorate for Priority Crime Investigation, known as the Hawks, has 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, said 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. The confiscation of documents is done to allow for investigation into the matter."

ALSO READ: Thamae continues to act as Free State HOD

Meanwhile, Zola Thamae has been reappointed as the acting Head of the Department (HOD) on 18 November 2022, after her initial contract was terminated on 17 November 2022. The provincial premier Sisi Ntombela’s spokesperson, Palesa Chubisi, explained Thamae will act as HOD while interviews for a permanent HOD have been held and the process of verification of candidates' suitability and their qualifications is under way. She added that apart from the fact that certain documents were seized by the Hawks, there is no indication of individuals who are being investigated, thus she has been appointed again.

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