The last notes to the tune of R25 million of the aborted TribeOne Dinokeng musical festival have not faded away. In fact with notes delivered to top brass involved with the contracts, full disclosure is now demanded on how the festival could have been organised without any kind of approval.
Letters demanding disclosure have been sent to the following people who had been involved in finalising terms and conditions for the festival: Tshwane metro council, Rockstar 4000 Music Entertainment (Pty) Ltd and Sony Music Entertainment Africa (Pty) Ltd.
Opposition party members in the Tshwane council are demanding full disclosure on how the festival could have been organised without approval of any kind in terms of the Promotion of Access to Information Act.
Letters to city mayor Kgosientso Ramokgopa, city manager Jason Ngobeni and organisers of the ill-fated concert, were delivered Thursday (9 October) requiring information about various aspects of the contract. Rekord is in possession of a pre-signed copy off this.
Lex Middelberg of the Democratic Alliance (DA), who drafted the letter, requested that addressees provide information in their capacities as councillors, not only from the mayor and city manager, but also from Subesh Pillay as the responsible person for economic development.
The letter states: “We place on record that neither you, nor the mayor, nor anyone else had the delegated authority in terms of the 26 January 2012 ‘Review of the Corporate System of Delegations’ resolution of Council, to have signed the contract for the Dinokeng music festival. The duration of the contract and the amounts expended in terms thereof both exceed any delegated authority in terms of the resolution of council.
“In addition to this, amongst the other requirements of the MFMA (Municipal Financial Management Act), the supply chain process in terms of the MFMA and regulations require that a feasibility study should prior to signature of the contract have served in council and that the full contract should have served before us.
“The MFMA also required regular contract management progress reports to council which was not done. It is our considered opinion that for these reason the contract might well be void ab initio and that all amounts paid by the city should be recoverable.
“Also, from a pre-signature draft of the agreement in our possession it appears from clause 11 thereof that a warranty had been given by the signatory to the contract on behalf of the municipality that the provisions of the MFMA had been adhered to. Considering that the MFMA had not been adhered to, that the signatory thereto had no delegated authority to sign the contract and that this contract never served before council as it had to do, this warranty might well be the basis of personal liability for those who signed and those in the Mayor Committee who approved the contract to be signed or any officials who assisted in the process and had a legal duty to inform council of what was taking place.
“Not least of all, you in your capacity as the accounting officer of the city in terms of the MFMA might well bear personal liability for the losses incurred by the city. In this context, a failure by you to give councillors the access to the documentation concerned, to which they are entitled with immediate effect, amongst others to consider your liability, will be legally significant.
“It is therefore a matter of extreme urgency that we should obtain copies of the requested information, including a copy of the duly signed contract to allow us as councillors to take the steps required to protect the interests of the City.”
In an addendum to the letter information is requested pertaining to the complete file or files of working papers relating to the TribeOne Dinokeng festival; the initiation of the project and contract negotiations; the project management of the Fest; project management reports to the municipal manager and or the mayor and his mayoral committee; all correspondence (including email) regarding the project; all documents and correspondence relating to the cancellation of the project including all court documents exchanged between the parties and any arbitration documentation exchanged between parties to any arbitration and all documentation relating to the appointment of, and where relevant, employment by political office bearers of the metro of individuals associated with or who have worked on the TribeOne festival.
It also requests reports on the feasibility study performed by or for the city, the audit trail of documentation and correspondence relating to the consideration and eventual approval of the unsolicited bid by the City; all documents evidencing compliance with the MFMA and regulations, the Municipal Systems Act and with the city’s by-laws, ticket sales reports; any agreement with the land owners on which the event would have been hosted and evidence of any application for approval to conduct listed activities in terms of the National Environmental Management Act submitted to GDARD.
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