Section 43: Challenge
consolidated text (as at 2018, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
43. Challenge
(1) A bidder who claims to have suffered, or to be likely to suffer, loss or
injury due to a breach of a duty imposed on a public body or the Board by
this Act may, subject to subsections (2) and (3) and section 39 (5), challenge the procurement proceedings before the coming into force of the procurement contract.
(2) A challenge shall be in writing to the chief executive officer of the
public body concerned and identify the specific act or omission alleged to
contravene this Act.
(3) A challenge shall not be entertained unless it is submitted—
(a) in the case of a challenge under section 24 (12) or 40 (4), within
the time specified in the relevant subsection; or
(b) in any other case, within such time as may be prescribed.
(4) Unless the challenge is resolved, the chief executive officer of the
public body shall suspend the public procurement proceedings and shall,
within such time period as may be prescribed, issue a written decision, stating his reasons, and, if the challenge is upheld, indicating the corrective
measures to be taken.
[S. 43 amended by s. 22 (k) of Act 27 of 2012 w.e.f. 22 December 2012; s. 43 (l) of Act 9 of
2015 w.e.f. 15 August 2015.]