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PUBLIC PROCUREMENT
Can a procurement review panel change its own previous decision?
The simple answer is no. Once a review panel has made a decision it becomes functus officio. By operation of law, the review panel cannot on its own motion revisit is earlier decision. see Tsholotsho Rural District Council v J Mambara & Others HB 69-21.
Thus, a bidder or a procuring entity which is aggrieved by a decision of a review panel may appeal against the decision of the review panel to the Administrative Court. see Twenty Third Century (Pvt) Ltd v Minister of Higher and Tertiary Education, Innovation Science and Technology Development N.O. & Another HH 795-22.
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