Governance

STATEMENT OF ESTABLISHMENT

The Public Procurement Tribunal (the Tribunal) is a quasi-judicial body established in terms of Section 11 4 of the Public Procurement Act (the Act) of 2021.

The Tribunal is constituted of the Judge President, the Vice President, both of whom should be retired judges or legal practitioners qualified to be appointed judges of the should be retired judges or legal practitioners qualified to be appointed judges of the High Court and five other Members from diverse professional disciplines in the private sector. Members of the Tribunal are appointed by the Minister of Finance for a period of four years, with the option to renew by one further term of four years.

The mandate of the Tribunal is:

• To adjudicate over public procurement disputes and grievances emanating from a procurement process.
• To deal with disputes and grievances arising from registration, declassification or disciplinary process of contractors/bidders.
• To deal with disputes and grievances arising from a breach, termination or interpretation of a procurement contract or the Act.
• To deal with any issue within the scope of the Public Procurement Act, upon which the Tribunal has received a written petition from the public, which the Tribunal deems to be of public interest, in respect of the procurement process.
• To make recommendations to the Minister on any improvement to the Public Procurement Act.

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