Likobo wants the department’s decision to be reviewed and overturned as he declares it unlawful.
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If the court hearing goes as hoped, he wants C-Squared to be excluded when the ministry reassesses the bids submitted for the tender. His affidavit of incorporation states that the department deviated from the tender specifications in awarding the tender to C-Squared without informing other bidders. The tender for service providers to apply to provide event management services for the Macufe events included specifications covering the dates, venues and capacity of the events;
• On October 2, 2022, a gospel music show at Vista University or the Dr. Molemela Stadium will take place.
•A film exhibition at Pacofs on October 4, 2022
• A comedy show at Pacofs on October 5, 2022
•Theater in the Stadttheater on October 6, 2022
• A fashion show at the Bloemfontein Showground on October 6, 2022
• A Divas show at Vista University or Dr Molemela Stadium on October 6, 2022
• A hip hop show at the Rose Gardens on October 7, 2022
•A boxing event at Bloemfontein City Hall on October 7, 2022
•The Main Jazz Music Festival at the Rose Gardens on October 8, 2022
• A football/rugby game at Free State Stadium on October 9, 2022
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However, on September 9, 2022, Likobo came across posters from Macufe events, all of which indicated that the venue will be Old Grays Sports Club. “The change in venues outlined in the tender is a notable feature,” he says.
His affidavit states that prior to the department’s announcement of the call for entries, C-Squared had already planned events called “Soulful Sounds 4.” Soulful Sounds’ Laugh Out Loud comedy show and Macufe comedy show are both scheduled for October 5, 2022, both at Old Grays. The Soulful Sounds “Afro Beat Divas” show and the Macufe Divas show are both scheduled for October 7, 2022, both at Old Grays. The Soulful Sounds “Spiritual Revival Gospel” show and the Macufe Gospel Show are both scheduled for October 2, 2022, both at Old Grays. All events seem to have almost the same artists.
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He explains that if he had known that multiple events could be held at a single venue, DS Consortium’s bid would have been lower than the R22 960 962.40 he had submitted – his bid was so high because he was the View was that he would need to move equipment to and from various venues, which would require transportation and labor. C-Squared’s bid was R16,849,863.80 as various events will be held at the same venue.
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Likobo’s affidavit further states that after learning of the award of the tender to C-Squared, he wrote a letter to the department’s MEC to alert them that on December 10, 2021, an investigative report from the Special Investigations Unit (SIU) was released. Involvement of the selected company in a possible tender fraud. However, the department remained mother. Likobo believes that when C-Squared submitted its bid for the tender, it was forced to state that it was under investigation for bid fraud. However, the tender did not ask bidders to disclose whether they were under investigation.
He concludes that the motion is being made as an urgent motion as the matter will not be heard before the end of October 2022 when he would have met the normal deadlines and until then Macufe will be held. The matter will now be heard on September 26, 2022.
The department has been asked for comment.