Pusuc PRocuREMF..NT AND DISPOsAL oF Pusuc AssETS No.S/2017 Cap.22:23 (a) one shall be a registered legal practitioner or former legal practitioner or a member or former member of the judiciary; and (b) one shall be a former member of the Civil Service with experience in procurement; and one shall be a person nominated by an organisation referred to in subsection (2)(a). (c) (5) The terms and conditions of service for members of a review panel shall be as prescribed. 76 Review by review panel ( 1) A review panel appointed to hear a challenge shall conduct such investigation and hearing as it considers appropriate and deliver its written decision in the matter, setting out its reasons for the decision, within fourteen days after the application for review of the procurement proceedings concerned was received by the Authority. (2) The procedure to be adopted by a review panel shall be as prescribed or, in relation to any matter that is not prescribed, as may be fixed by the panel: Provided that the panel shall afford the parties to the challenge an adequate opportunity to make representations in the matter and, generally, shall observe the rules commonly known as the rules of natural justice. (3) The decision of a review panel shall be binding on the bidder that lodged the challenge and the procuring entity whose proceedings are the subject of the challenge. (4) A review panel shall dismiss a challenge where(a) the bidder that lodged the challenge has failed to comply with section 73(4); or (b) the statement of the grounds of the challenge is vague or embarrassing; or (c) the grounds of the challenge do not constitute a valid basis for a challenge; or (d) the bidder that lodged the challenge has failed to establish the grounds of the challenge; and may order the bidder to compensate the procuring entity for any expense or loss it incurred as a result of the challenge. (5) Where a review panel finds that a bidder that lodged a challenge has established valid grounds for the challenge, the panel may, as appropriate- (a) (b) (c) (d) prohibit the procuring entity from reaching any decision or doing any thing in an unauthorised manner or from following incorrect procedure; or 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; or order the procuring entity to begin the procurement proceedings afresh; or award damages to the bidder to compensate for any loss he or she has suffered. (6) Where a review panel orders compensation to be paid to a procuring entity in terms of subsection (4) or damages to be paid to a bidder in terms of subsection (5), the procuring entity or the bidder, as the case may be, may register a copy of the panel's award, certified by the chairperson of the panel, with the clerk of the magistrates court for the province in which the panel conducted its hearing, whereupon the award may be enforced as if it were a judgment of a magistrate of that court. 86