The events management company that was appointed to organise this year’s edition of the Macufe Festival says it has appealed a ruling by the Free State High Court which terminated the multi-million-rand contract.
On Monday, Judge Phillip Loubser declared that the decision by the provincial Department of Sports, Arts, Culture and Recreation (DSACR) to engage C-Squared to run annual musical gala was unlawful.
The reasons for the ruling will be given on Thursday.
In a statement released on Tuesday, C-Squared said it had noted the court outcome which nullified its appointment but felt the judge erred in arriving at such a conclusion.
“We are . . . of the strong belief, respectfully, that the order handed down by the honourable judge was factually incorrect and incongruent with prescripts of the law,” read the statement in part.
“As such, we have instructed our attorneys . . . to immediately file an application for leave to appeal the whole of the order – this was done this morning and the application will be by the court in due course.
“We are also advised that our application for leave to appeal automatically suspends the implementation of the order, which also has the effect that the festival is permitted to continue.”
The company, seemingly in agreement with the DSACR, claimed the effect of the court order was not to put a stop to Macufe which is already underway.
C-Squared assured all stakeholders and residents of the province as well as the country at large that the festival will continue as planned.
Earlier, Muller Gonsior Attorneys, acting on behalf of one of the losing bidders, DS Consortium, wrote to the lawyers for the DSACR warning the event should not proceed.
“The MEC’s media statement that Macufe must proceed is a continuation of unlawful actions and our client reserves the rights to not only claim constitutional damages from your client but also to seek a personal cost order against the MEC,” said Muller Gonsior Attorneys.
The legal firm also pointed out that proceeding with the event would result in fruitful and wasteful expenditure.
“We emphasise that the effect of the court order is that the service level agreement is invalid and unlawful and as a result any public funds used to fund the unlawful agreement is fruitful and wasteful expenditure.
“This should not come as a surprise to the MEC because counsel appearing for the MEC argued that declaring the tender unlawful will have this effect.”
The matter was brought to court by the director of DS Consortium, 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.
The DSACR was listed as the first respondent in the matter while C-Squared was the second. – Staff Reporter