Legal representative for the Free State Department of Sport, Arts and Culture – Adv Lungile Bomela says their appeal against last week’s judgement that declared the awarding of the Macufe unlawful should be heard by a full bench of judges in the High Court in Bloemfontein or the Supreme Court of Appeal.
This as the winning bidder argued in court on Monday for a leave to appeal, Judge Philip Loubser’s decision that declared unlawful the awarding of Macufe contract.
He however didn’t stop the event which ended on Sunday from continuing.
The department was taken to court by the losing bidder DS Consortium claiming that correct procedures were not followed in awarding the Macufe tender to C-Squared.
At the heart of the legal tussle was which stated that C-Squared had intended to stage parallel events during Macufe and that they did not wish to compete with the cultural pilgrimage.
As a result of that, C-Squared suggested to the department to enter into a public private partnership agreement.
Advocate Bomela says “The matter is a candidate for an appeal because not only will there be practicality in the effect of the order, but 172 is meant to insulate even the expenditure by way of invoking the judgement not only in All Pay but also Gijima, where the court would say but what do I do now that the horse has bolted.”
