The Public Procurement and Disposal of Public Assets Act [Chapter 22:23] (PPDPA Act) governs procurement processes in relation to public entities in Zimbabwe. Any bidder or potential bidder in procurement proceedings who feels that the process was not done in a manner provided for under the Act and as a result has suffered some form of injury may challenge the procurement proceedings. This article discusses the procedure for challenging the procurement proceedings.

Challenge to the Procuring Entity
The first step is to lodge a written notice of challenge with the procuring entity in terms of Section 73 of the Act. The notice must identify a specific act or omission alleged to constitute a breach of duty on the part of the procuring entity.


When lodging the notice, the bidder is required to deposit with the procuring entity a sum of money in the prescribed amount by way of security for costs. This challenge by the bidder has the consequence of suspending the procurement proceedings until the issue is addressed.

If the procuring entity concedes that it breached a duty as alleged in the challenge, it should within five days notify the bidder concerned and PRAZ of its concession and take whatever steps it considers necessary, or as the PRAZ may direct, to rectify the breach.

Application for review by a review panel
Secondly, where the procuring entity does not take hid to the notice of the challenge or the bidder is not satisfied by the steps the entity has taken to rectify the wrong complained about, the bidder may then make an Application to the Procurement Regulatory Authority of Zimbabwe (PRAZ) to have the public procurement reviewed by a review panel in terms of section 74 of the Act.

The application should state the grounds for review as stipulated in the written notice of challenge explained in (i) above. Upon receipt of the application, PRAZ has the mandate to then appoint panelists or the review panel. The review panel should consist of the following members;

• A registered legal practitioner nominated by the Law Society of Zimbabwe
• A senior officer in the Civil Service with experience in procurement
• person who has qualifications or experience in fields relating to procurement.

The review panel then conducts investigations, holds a hearing and deliver a written decision together with the reasons thereof, within fourteen days of the making of the application. The panel is not mandated to follow specific rules of procedure but rather to simply afford parties opportunity to make representations and generally observe rules of natural justice in arriving at its decision.

The review panel has the following powers if it finds that the bidder has established valid grounds for review in terms of Section 76 (5) of the Act;

• prohibit the procuring entity from reaching any decision or doing anything in an unauthorised manner or from following incorrect procedure;
• annul in whole or in part any unauthorised act or decision of the procuring entity, other than an act or decision bringing the procurement contract into force;
• order the procuring entity to begin the procurement proceedings afresh;
• award damages to the bidder to compensate for any loss he or she has suffered.

Appeal to the Administrative Court
Where the bidder is dissatisfied by the decision of the Review Panel, they can appeal to the Administrative Court in terms of 77 of the Act within twenty days after the panel’s decision was notified to the party concerned.

The Administrative Court  however, does not have the power to set aside the decision of the review panel and may only make an award for payment of damages to the injured party.

For further inquiries on on public procurement law in Zimbabwe kindly get hold of our Corporate Law practice group on info@mmmlawfirm.co.zw