The Airports Company of South Africa (ACSA) has approached the Gauteng High Court for leave to appeal a judgement handed down in November last year which stopped it from procuring baggage screening equipment in an open tender process.
The court ruled that Aviation Co-ordination Services (Pty) Ltd (ACS), a company formed by airline associations, the Airlines Association of Southern Africa (AASA), and the Board of Airline Representatives of South Africa (BARSA) to conduct the baggage screening, is permitted to replace back up screening equipment and interdicted ACSA from purchasing the baggage screening equipment pending finalisation of review application filed by ACS challenging ACSA‘s decision to provide the services themselves.
The review application is to be heard in the coming months; ACSA argues that in terms of the Constitution and aviation legislation regulating it, it is mandated to provide baggage screening and handling services at its airports and should proceed with an open tender process.
Leave To Appeal
Tuesday’s hearing is an application for leave to appeal the judgement handed in November 2024, which stopped ACSA from procuring, in line with Section 217 of the Constitution, the hold baggage screening equipment and implementing baggage screening services.
The judgement has the effect of stopping a state organ from complying with the Constitution of the Republic, and its legislative mandate and preserving an evergreen contract.
ACSA believes that the Tuesday hearing (leave to appeal) is critical to ensure that it continues to comply with its legislative mandate to implement baggage screening and handling currently undertaken by a private company, ACS.
ACSA’s Mandate
ACS has provided services for more than 20 years without a procurement process. After a comprehensive review, ACSA decided that as the airport authority, it is mandated to provide the services to ensure a fair and transparent process be followed in terms of section 217 of the Constitution and the Public Finance Management Act in relation to the services; and that the tariff charged is a regulated tariff in compliance with the existing economic regulation model for airports.
The decision to implement hold baggage screening services is part of a broader strategy to ensure legislative compliance, improve operational efficiency, reduce costs, and ensure the long-term sustainability of South Africa’s airports.
ACSA remains committed to enhancing the services it provides to passengers and the aviation industry as a whole.
