South Africa’s Public Procurement Act 28 of 2024 recently established the Public Procurement Tribunal. Parliament intends for the tribunal to help maintain the integrity of South Africa’s procurement system. This page introduces you to the tribunal and explains its purpose, role, jurisdiction, composition, powers, processes, and more.
Purpose and role
Section 36 of the Act establishes the tribunal as an independent body that provides a fair and impartial forum for resolving procurement-related disputes.
The tribunal aspires to:
- ensure procurement activities comply with the Act; and
- promote transparency and accountability in the process.
Jurisdiction
The tribunal’s jurisdiction covers:
- Dispute resolution: hearing disputes from procurement processes, including bid evaluations and contract execution.
- Review of decisions: ensuring that decisions made by procurement bodies align with legal and regulatory frameworks.
- Appeals: allowing aggrieved parties to appeal decisions made by procurement institutions.
Composition
According to section 37 of the Act, the tribunal will comprise legal professionals, procurement experts, and other relevant specialists. The Minister will select and appoint members based on their expertise and integrity. The reasoning is to ensure effective and fair operations.
Powers
The tribunal will hold generous authority, including:
- Investigative powers: it can investigate complaints, summon witnesses, and request relevant documents.
- Decision-making: the tribunal can issue binding decisions, such as annulling procurement processes or ordering the re-evaluation of bids.
- Sanctions: the tribunal can impose sanctions on parties that violate procurement laws, including debarment from future opportunities.
Process
- Filing a complaint: aggrieved parties can file a complaint specifying their grievances.
- Hearing: both parties present their cases in a hearing, where evidence is reviewed, and witnesses may be called.
- Decision: the tribunal deliberates and issues a binding decision, which can be appealed to a higher court.
Appeal process
If a party believes a tribunal decision was unjust, they can appeal to a higher judicial authority.
Transparency, accessibility, and independence
- Transparency: To operate with transparency, the tribunal must publish its decisions to ensure accountability.
- Accessibility: It must be accessible to all stakeholders, including small businesses.
- Independence: The tribunal must operate independently of other government bodies, ensuring impartiality.
Impact and public confidence
Ultimately, the Act intends for the tribunal to strengthen the procurement process by ensuring accountability and deterring corrupt practices. Its existence potentially helps build public confidence in the system, ensuring that contracts are awarded fairly and in line with the law.
Relationship with other institutions
The tribunal will collaborate with other oversight bodies, such as the Public Procurement Office and provincial treasuries, to ensure comprehensive oversight of procurement activities.
Training and capacity building
The tribunal would also contribute to training and capacity-building initiatives, helping procurement officials and bidders understand their rights and obligations under the law.
How we can help
At ITLawCo, we understand the crucial role the Public Procurement Tribunal plays in maintaining fairness and transparency in South Africa’s procurement processes. We’re committed to helping you navigate these processes and ensure your interests are protected. Contact us today.