The Free State High court judgment dismissing the appeal by the Department of Sport, Arts, Culture, and Recreation (SACR) after the court ruled in favor of DS Consortium (Joint Venture between Dots Design Group (PTY) LTD and Sonaqua Events and Promotions CC) threw a curveball at the Free State Premier, Sefora Ntombela, as all eyes are now on her.
This followed an application for leave to appeal against the orders by the court on the 3rd of October 2022.
The court then made the following order:
-SARC’s non-compliance with the rules of the court concerning the periods is condoned, and the application is heard as an urgent application in terms of rule 6 (12)
-The decision by SACR to award the tender SCMMACUFE 0122 to Consumer Connectedness (C-2) is hereby reviewed, declared unlawful, and set aside
-Any service level agreement concluded between SARC and C-2 relating to the impugned decision is struck down per section 8 of the Promotion of Administrative Justice Act3 of 2000
-SACR and C-2 are ordered to pay the costs of the application jointly and severally, the one paying for the other to be absolved
The appeal by SARC and C-2 appealed the decision was heard on 10 October 2022 and the judgment was handed down yesterday.
Delivering the judgment Judge Loubser said:
“In the premises, I find that the decision sought on appeal will have no practical effect or result. The following order is made:
The application for leave to appeal is dismissed with costs, including the costs of two counsel.”
Responding to the judgment Mosa Likobo of DS Consortium said:
“We have always known that no judge in the country will find the matter differently.
Our government has a modus operandi of dragging cases until applicants run out of money, I guess they had hoped that it will be the case here.
We must also remember that after the court order for an urgent matter was read out, they immediately went to court to file for leave to appeal before the full judgement was read.
We can only speculate that they wanted to suspend the court order to carry out an unlawful process as declared by Judge Loubser.
It is my view that public servants should be held personally liable for legal costs when they knowingly enter into unlawful processes. We know that the department may once again be ill-advices to petion the Supremes Court directly for leave to appeal.
We are yet to consult with the legal team for our legal recourse.”
It’s not clear as yet if the department will petition the Supreme Court of Appeal or if Sefora Ntombela, Free State Premier will hold all those responsible to account and come up with remedial actions considering MEC Limakatso Mahasa is cited therefore can not be making any decision when she was found wanting.
In other Macufe-related news Pakiso Lebone, an employee at Free State Treasury is allegedly on suspension following advance payment of Macufe funds. He was put on suspension by Masechaba Sesing, Treasury HoD.
Last year Sesing while acting threatened this publication following our article on PPE scandal and even demanded that we provide who our source is.
Sefora Ntombela, Free State Province Premier did not respond to our questions including her comment on the judgment.
This is a developing story.
If you have any news or tips please email us at news@stepupsanews.co.za or WhatsApp 0685000246
Everytime there is bad news involving the Premier an nothing did happen so far. When will she be removed from office an the MEC of sports, arts an culture an they should pay back all the money they used not properly.
We’re enough of them an all corrupt officials from free state government.