Likobo, one of the unsuccessful bidders for the Macufe tender, is opposing the department’s appeal application. In late 2022, the department applied to appeal Judge Phillip Loubser’s judgment in the SCA. This was after their first appeal was dismissed, with costs, at the Bloemfontein High Court. 

Loubser’s judgment found the decision to appoint C-Squared as the service provider for Macufe as unlawful, however, the judgment did not mean the festival must not go on. 

The department’s decision to appoint C-Squared as the service provider was taken to court by Likobo, as the director for DS Consortium, as he believed the tender specifications were changed to suit the successful bidder. 

During the first court hearing about the issue, a letter from C-Squared to the department was mentioned. The letter in question was how the successful bidder approached the department about hosting Macufe. The letter is attached to Likobo’s application to the SCA.

ALSO READ: Macufe judgment appealed again

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 in question 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 have played a major role in presenting and developing Macufe by providing creative direction, logistics and infrastructure. 

The letter further states that “C-Squared’s concerns about the tender invitation includes 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 a duplication of events.

ALSO READ: Will Macufe 2022 continue as planned?

In the other part of the letter, it is explained that the venues that are asked by the department are ‘nonsensical’, some of the reasons for this was explained to be because of space. The letter also raises a point that the call for bids is always out by April/May of each year, however, for 2022, the call came out late. 

It is explained that it was after the wait that C-Squared decided to organise his own shows during the end of September and beginning of October in the absence of any arrangement being made by the department. Towards the end of the letter, it is suggested that the department meets with C-Squared to enter into a public private partnership agreement where C-Squared could extend assistance to the department to ensure that the entertainment value of the event is a success. In Likobo’s recent answering affidavit, he said C-Squared and its representatives didn’t deny the contents of the letter, while Mahasa did not reply to the allegations in respect of the letter.

ALSO READ: Macufe tender scrutinised by Hawks

Since the hearing, the South African Police Services' Directorate for Priority Crime Investigation, known as the Hawks have confiscated Macufe’s tender documents. This was done to investigate whether there were any irregularities in awarding the tender to C-Squared. 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.” 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 soon. Trouble mounted when the department appointed C-Squared as the service provider for R16 849 863.80.

OFM News