Lawyers berate Free State MEC for ignoring Macufe court order

DS Consortium, which had C-Squared’s Macufe contract declared invalid in the high court, has sent a cease and desist letter to the Free State department of sports, arts and culture, warning against continued “unlawful actions”.

The Mangaung African Cultural Festival (Macufe) is continuing in Bloemfontein despite Judge Phillip Loubser’s court order on Monday setting aside the contract that was awarded again to service provider, C-Squared.

Muller Gonsior Attorneys, who represent DS Consortium director Mosa Likobo, have written to Sports MEC Limakatso Mahasa condemning her media statement, in which she stated that the judge remarked that Macufe “must go ahead as the judgment is not stopping it”.

The lawyers accused Mahasa of misleading the public.

“The writer hereof attended court proceedings on 3 October and places on record that the court, at no point in time, stated that Macufe must go ahead.

“The MEC’s media statement is not only misleading the public, but is, in our client’s view, designed to circumvent the clear and unambiguous gist of the court order – namely that the MEC’s decision to award the Macufe tender to C-Squared and the subsequent service level agreement concluded between the MEC and C-Squared is unlawful, invalid, reviewed and set aside,” read the letter dated 4 October 2022.

ALSO READ: National government exorcises Mangaung’s ghost workers, corruption

The lawyers said Mahasa has acted “to her own peril” and would have to bear the consequences of the legal saga.

“The MEC’s media statement that Macufe must proceed is a continuation of the unlawful actions and our client reserves their rights to not only claim constitutional damages from your client, but also to seek a personal cost order against the MEC.”

Likobo launched court action to have C-Squared’s R16 million winning bid set aside, citing deviations from the tender specifications by the department without informing other bidders.

Loubser ordered the department and C-Squared to pay the costs of the application jointly. 

DA calls for probe into Macufe tender

Democratic Alliance (DA) Free State chief whip David van Vuuren on Wednesday said his party will request the provincial Public Accounts Committee to investigate this year’s awarding of the Macufe contract.

The party, said Van Vuuren, wants an immediate investigation to “interrogate the department” regarding the awarding of the tender to C-Squared.

“The DA will request that any money paid out illegally must be recovered from individuals involved, and will also consider the possibility of further pursuing criminal charges in this regard.

“It is unacceptable that departments continue to operate with such negligence and without concern for taxpayer’s money. This complaint and subsequent [high court] judgment confirms the Free State government’s continuous undermining of tender processes,” Van Vuuren said in a statement.

The department’s social media pages have frequent updates and fliers about the festival, urging the public to attend the event. 

Macufe kicked off on 30 September, its 21st year since inception. The event returned after a two-year break due to the Covid-19 pandemic.

Wednesday night’s comedy show took place at Old Greys Sports Ground, featuring some of the country’s popular stand-up comedians.

NOW READ: Troubled Mangaung pays law firm R1m to translate documents, ignoring own legal staff