Staff reporter
Bloemfontein – Following our articles in which we reported the Free State Sport, Arts, Culture, and Recreation (SACR) taking Macufe’s judgment to the Supreme Court of Appeal, there is a new development.
Step UP SA News is in possession of court papers where the department is asking for condonation to file papers late following the withdrawal of the previous lawyer, while the other, department is asking the Supreme Court of Appeal to allow it to amend its notice of motion and to refer the matter back to the high court as the application was decided on incorrect facts, according to the papers.
The paper reads.
“The purpose of this application is to seek an amendment of the applicant’s notice of motion in the main application for leave to appeal to include that the matter be referred back to the Free State High Court for adjudication.
The court a quo adjudicated the review on an urgent basis without allowing the application to file rule 53 record, with the result that the application was decided on incomplete facts.”
In November 2022 the Directorate For Priority Crime (DPIC) affectionately known as Hawks confiscated documents relating to Macufe dating back to 2016.
This was after a local businessman opened a criminal case after his company was unsuccessful.
The 2022 edition of Macufe started with the briefing session disrupted by MCC demanding the department appoint a local company.
Mosa Likobo of DS Consortium finds it funny that the department would fail to file on time when they took the matter to SCA.
“The department exercised its legal right to approach the SCA for the application for leave to appeal which we responded to. We don’t understand the department’s failure to file their replying affidavit as they initiated the SCA process.
We are also baffled by their papers submitted weeks after the prescribed court days to do so. This is a clear abuse of the state resources and power, it will be our plea for the courts to impose personal costs on individuals involved, of course, the council will advise on the proper process.”
With regards to the amendment and condonation Likobo said.
“However it is within their legal right to ask for condonation and to amend their notice of motion, we will also exercise ours by opposing it.”
Employees at Free State Provincial Treasury were also suspended over the payment.
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