FAQs

· What is the Tribunal about and what matters does it handle?

The Tribunal is a quasi-judicial body established to hear and determinecomplaints and appeals arising from the public procurement process lodged by or against any participant involved in the public procurement proceedings.

· Can a complaint/appeal be lodged later than the prescribed time?

Yes, provided an Applicant files with the Tribunal an application forcondonation of late filing, stating justifiable reasons for the lateness.

· Does the Public Procurement Tribunal have other offices across the
country?

No, currently the Tribunal is only based in Gaborone.

· Does one need to physically come to the Tribunal to lodge an
appeal?

No. An appeal may be filed from any location by submitting it via email, together with the relevant attachments and supporting documents as outlined under the “How to Lodge” process, provided that prior arrangements have been made with the Tribunal Registry.

· Does lodging a complaint suspend the procurement process?

No. An Applicant would have to lodge an application for suspension of theprocurement process in line with Regulation 15 of the Public Procurement (Tribunal) Regulations.

· ​Is there a payment plan for fees?

No, there is no payment plan. Both the lodging and complaint fees are paid infull when registering the complaint/appeal.

· How long does it take to for a matter to be enrolled?

Enrolment is determined by the swift and timely exchange of pleadings byparties. The maximum time taken is 28 days.

· Who serves documents?

It is the responsibility of all parties to serve one another with their filed documents.

· Can I be represented by a lawyer?

No, there is no legal representation before the Tribunal, parties appear inperson before the Tribunal.

· How are hearings conducted?

Virtually or in person.

· How do I address the Tribunal?

In a respectful manner that upholds the decorum of the Tribunal.

· What is the language of the Tribunal?

The language of the Tribunal is English, however if one needs interpretation,prior arrangements need to be made with the Registry prior to the hearing.

· How long does it take to determine a matter after hearing?

Decisions of the Tribunal are delivered within 21 days from the date ofhearing.

· ​How are parties notified of decisions?

Tribunal decisions are communicated in writing to the parties and are eithercollected at the Tribunal Registry or sent electronically.

· Are Tribunal decisions binding?

Yes. Decisions of the Tribunal are binding on the parties.

· What happens if I am dissatisfied with the decision?

Any party aggrieved by the Tribunal’s decision is at liberty to appeal to theHigh Court within 30 days of delivery of the judgment/decision.