In Zimbabwe, the internal dispute resolution mechanisms in public procurement are designed to address
and resolve disputes that may arise during the procurement process. These mechanisms aim to ensure
fairness, transparency, accountability, and adherence to constitutional and legislative principles.
To begin with, there’s the procurement Management Unit (PMU) established in terms of section 17 of
the Act. The PMU is established within procuring entities and plays a key role in the internal dispute
resolution process. It is responsible for managing the procurement process, including receiving and
reviewing complaints or disputes raised by suppliers or contractors.
The internal dispute resolution process in public procurement is guided by constitutional and legislative
principles. Section 315 the Public Procurement and Disposal of Assets Act in section 6 (1) (a) set out
these principles. These include transparency, fairness, honesty, cost-effectiveness, and competition.
These principles ensure that disputes are resolved in a manner that upholds the constitutional and
legislative framework and promotes good governance in procurement. Further Section 95-98 Part XIII
provide for the investigator who shall discharge his duties in terms of the Act.
Moreover, constitutionally there’s also section 68 that is in tandem with administrative justice and also
an administrative court which is established in terms of section 173. The Act also allows appeals to the
administrative court in terms of section 77 , thus providing internal mechanisms with the Act.
The internal dispute resolution process recognizes and respects the rights of suppliers or contractors.
They have the right to raise complaints or disputes related to the procurement process and have their
concerns reviewed and resolved in a fair and timely manner. The process emphasizes access to justice,
due process, and the opportunity to be heard.
The internal dispute resolution process provides for remedies and penalties to address violations or
breaches of constitutional and legislative principles in public procurement In the provisions from section
87-89. This may include measures such as re-evaluation of bids, contract termination, financial penalties,
and legal actions against parties found to be non-compliant or engaged in fraudulent activities. The
remedies and penalties are provided for in terms of section 87-89 of the Act, as well as hiw they will ne
administered. This structure are a reflection of internal dispute resolution mechanisms on the spectrums
of procurement as provided for in the Act.
