High Court Clears Free State Department of Irregularities in MACUFE Tender Process

by Central News Reporter
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Macufe

|High Court Rules in Favour of Free State Provincial Department in Macufe Tender Dispute|

Bloemfontein -The controversy surrounding the award of the Mangaung African Cultural Festival (MACUFE) tender has finally seen a conclusive legal judgment, with the Free State Division of the High Court siding with the Free State Provincial Department of Sports, Arts, Culture and Recreation (DSACR). 

In a ruling delivered on the 3rd of April, 2024, the Court addressed the conflict that has marred the acclaimed festival, setting aside an earlier judgment from October 3, 2022, which had declared the MACUFE tender award process as unlawful.

The dispute centered around a tender process for event management services for the relaunch of the Mangaung African Cultural Festival (Macufe), which had been awarded to C-Squared Group Pty Ltd by the Free State Department of Sports. DS Consortium had challenged the decision, asserting irregularities in the tender process and alleging that the tender award to C-Squared Group was unconstitutional and deprived other bidders of a fair opportunity.

However, after a thorough review of the appeal, which included an examination of the tender process and hearing from legal representatives from both sides, the court found no merits in DS Consortium’s allegations. 

The panel, consisting of Justice Naidoo, Justice Chesiwe, and Acting Judge Buys, concluded that the urgency DS Consortium claimed in bringing the matter to court was self-generated and that the application for review was not supported by substantial evidence.

The ruling underscored that the full record of the tender decision revealed the process to be fair and void of the alleged irregularities. It was further observed that DS Consortium’s arguments were based on assumptions rather than concrete evidence and that their late appeal against the tender award did not warrant an urgent review.

The court’s decision has significant implications for the conduct of public tender processes, reinforcing the principle of fairness and the sanctity of lawful procedures in awarding government contracts. The judgment also highlighted the necessity for applicants in such cases to act promptly and ensure their claims are substantiated by credible evidence.

DS Consortium has been directed to cover the costs of the appeal, marking the end of a legal battle that has garnered considerable attention in the Free State Province and beyond. The Free State Provincial Department of Sports, Arts, Culture, and Recreation can now proceed with its plans for the Macufe festival.

Legal experts note that this judgment serves as a reminder of the courts’ stringent requirements for review applications on an urgent basis and the importance of a complete and factual record in adjudicating disputes involving public tender awards.

The department has expressed its intention to proceed with the staging of the MACUFE festival, aligning with Premier Mxolisi Dukwana’s vision articulated in the 2023 State of the Province Address. The Premier highlighted the need to reimagine the iconic festival, ensuring its continued contribution to the socio-economic and cultural fabric of the Free State Province.

Last year, The Free State Premier has also addressed allegations related to the purported sale of MACUFE and preference for the Lemo Festival, clarifying the government’s unwavering commitment to reviving and nurturing pivotal cultural and sporting events within the province. This endorsement aligns with calls from political and societal stakeholders, including the EFF Provincial Secretary, who have advocated for a rejuvenation of the province’s cultural and sporting landmarks.

The representatives for DS Consortium and C-Squared Group were not available for comment at the time of publication. The department, through its spokesperson, Tankiso Zola, reassured the public that MACUFE remains a flagship programme and pivotal to the province’s cultural identity. In light of the recent court ruling, the department is expected to make forthcoming announcements concerning the plans of the festival, aligning with Premier Mxolisi Dukwana’s aspirations to reimagine the event’s brand for future editions.

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High Court Clears Free State Department of Irregularities in MACUFE Tender Process 7

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High Court Clears Free State Department of Irregularities in MACUFE Tender Process - Newstralia April 9, 2024 - 11:33 am

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