Appeal not to lie in certain cases.

No appeal under section 38 shall lie against any decision of the procuring entity relating to the following matters, namely:-

(a) determination of need of procurement in terms of section 5;

(b) provisions limiting participation of bidders in the bid process in terms of the provisions of section 6;

(c) the decision of whether or not to enter into negotiations in terms of section 15;

(d) cancellation of a procurement process in terms of section 26;

(e) applicability of the provisions of confidentiality under section 49.