Staff reporter
Bloemfontein – The ongoing Macufe saga took another turn when the Supreme Court of Appeal granted Consumer Connectedness (C-2) leave to appeal against DS Consortium.
This follows the application for leave to appeal against the orders of Judge Loubsher on the 3rd of October 2022.
At the time the court made the following order:
SACR’s non-compliance with the rules of the court concerning 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 to C-2 is hereby reviewed and set aside, declared unlawful.
Any service level agreement between SACR and C-2 relating to the impugned decision is struck down per section 8 of the Promotion of Administrative Justice Act 3 of 2000
In a judgment handed down on 11 May 2023 by SCA justices Visvanathan Ponnan and Phiwokazi Mali ordered:
Condonation, as applied for, is granted. The applicant for condonation is to pay the costs of the application
Leave to appeal is granted to the full court of the Free State High Court, Bloemfontein
The costs order of the court a quo in dismissing the application for leave is set aside AND the costs of the application for the leave to appeal in this court and court a quo are costs in the appeal. If the applicant does not proceed with the appeal, the applicant is to pay these costs.
There has not been a single word from the department concerning the 2023 edition of the event and with just four months left it remains a mystery as to when will the tender be out.
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