The Free State High Court has annulled the event management contract awarded to a local company by the provincial Department of Sports, Arts, Culture and Recreation (DSACR) to organise the annual Macufe Festival.
Judge Phillip Loubser did not give reasons for his decision when he ruled on Monday that the appointment of C-Squared to arrange this year’s edition of the event – officially scheduled to run from 2-9 October – was unlawful and should therefore be set aside.
“The decisions . . . to award tender SCM/Macufe 01/22 to the second respondent is hereby reviewed, declared unlawful and set aside,” said Loubser in his ruling.
The DSACR is listed as the first respondent in the matter while C-Squared is the second.
The reasons for the judgment will only be provided on Thursday.
The matter was brought to court by one of the losing bidders, DS Consortium director Mosa Likobo, who argued that the specifications of the tender were changed without informing other bidders and thereby putting them at a disadvantage.
The applicant also claimed the department failed to submit to court an appointment letter showing that C-Squared had been appointed as the service provider.
“Any service level agreement concluded between the first and second respondents relating to the impugned decision is struck down in accordance with Section 8 of the Promotion of Administrative Justice Act 3 of 2000,” the judgment added.
The two respondents were ordered to pay the costs of the application jointly and severally.
But in a rather confusing response, the department’s spokesperson Tankiso Zola said the event will go ahead.
“As matters stand, Macufe 2022 is proceeding based on the judge’s clarification,” read part of Zola’s statement released a few hours later.
“The department further takes note of the judge’s remarks that Macufe 2022 must go ahead as the judgment is not stopping it.”
It’s not clear when the judge made this clarification because the judgment delivered on Monday afternoon makes no such pronouncements. – Staff Reporter
