Ben Moseme, the owner of C-Squared, a company which organised the Mangaung Cultural Festival (Macufe), was dealt a heavy blow on Thursday when the Bloemfontein High Court ruled against his appeal application.
Judge Phillip Loubser dismissed with costs Moseme’s application for leave to appeal the court judgment earlier in October in which he declared the cultural event unlawful.
Joining Moseme’s C-Squared in the application for leave to appeal was the provincial department of sports, arts, culture and recreation.
Loubser’s previous judgment went in favour of DS Consortium when he ruled that the cultural event, hosted every year in Bloemfontein, Free State was illegal.
DS Consortium, a joint venture between Dots Design Group and Sonaqua Events and Promotions, approached the high court to have the multimillion-rand tender between C-Squared and the department nullified.
However, the festival went ahead in September and October despite the earlier high court judgment that declared it unlawful and set aside.
“Having regard to the fact, however, that the Macufe festival has ended two weeks ago, the first question that now arises is whether an appeal by the respondents would have any practical effect, should such an appeal eventually be upheld,” reads the judgment.
“The result hereof is that leave to appeal may only be granted if the issues are of such a nature that the decision sought will have a practical effect or result. If not, leave to appeal may not be granted.
“At the hearing of the application for leave, counsel for the applicant submitted that a successful appeal would have no practical effect or result, simply because the Macufe festival has already run its course. He submitted that for this reason, the issues sought to be raised on appeal have become moot.”
Loubser stated that he found the decision sought on appeal will have no practical effect or result. “The application for leave to appeal is dismissed with costs, including the costs of two counsel,” he ruled.
Speaking on behalf of DS Consortium, Mosa Likobo said he is happy about the court outcome. “As DS Consortium, we are now going to institute a civil claim against the Free State department of sports, arts, culture and recreation. We will be meeting with our legal team to plan ahead on our action to sue the department,” said Likobo.
In a statement on Thursday, the DA in the province welcomed the court judgment.
“In a meeting following the initial judgment, the DA requested that the contract be interrogated in the legislature but the ANC continuously argued against this on the basis that the case is sub judice and refused to address the matter,” said the opposition.
“The DA will again request that the provincial public accounts committee opens an immediate investigation into interrogating the Macufe contract. This will provide the committee the opportunity to examine all contracts, tender documents and service level agreements around the illegal Macufe deal.
“Public institutions cannot continue to operate without any consequences for the mismanagement of public funds. The DA will continue to drive this matter at all levels until the politicians and officials involved face justice.”
Free State MEC of sports, arts, culture and recreation Dimakatso Mahasa referred Sunday World to her spokesperson, Tankiso Zola, who said he was in a meeting.
Moseme did not respond to our questions despite a notification that he had read them on his WhatsApp.
Follow @SundayWorldZA on Twitter and @sundayworldza on Instagram, or like our Facebook Page, Sunday World, by clicking here for the latest breaking news in South Africa. To Subscribe to Sunday World, click here
