The court has ruled in favour of ACS, permitting it to replace its back-up screening equipment while simultaneously interdicting ACSA from advancing with its plans to self-provide baggage screening equipment. Picture: Armand Hough/Independent Newspapers
The Airports Company of South Africa (Acsa) has filed for leave to appeal a significant judgement delivered by the Gauteng High Court in November 2024, which has currently halted its efforts to procure essential baggage screening equipment through an open tender process.
This legal manoeuvre signals Acsa’s determination to assert its constitutional mandate amid rising tensions within the aviation sector.
At the centre of this judicial battle is Aviation Co-ordination Services (ACS), a consortium created by prominent airline associations, including the Airlines Association of Southern Africa (AASA) and the Board of Airline Representatives of South Africa (BARSA).
The court has ruled in favour of ACS, permitting it to replace its back-up screening equipment while simultaneously interdicting ACSA from advancing with its plans to self-provide baggage screening equipment.
This judgement will remain effective pending a review application filed by ACS that challenges Acsa’s decision to undertake these services independently.
Scheduled to be heard in the coming months, the review application highlights a critical clash between regulatory frameworks governing South Africa's aviation sector.
Acsa contends that its mandate, enshrined in both the Constitution and relevant aviation legislation, requires it to ensure the provision of baggage screening and handling services at its airports, and that a transparent, competitive tender process is imperative.
In the Tuesday's hearing, aimed at obtaining leave to appeal the November judgement, Acsa underscored the legal quandary created by the ruling: It effectively bars a State organ from fulfilling constitutional obligations and adhering to its legislative mandate while also restricting competitive practices that benefit taxpayers and passengers alike.
Acsa said the Tuesday ruling was critical to our compliance with its legislative mandates regarding baggage screening and handling operations, which are presently serviced by the private company, ACS.
Reflecting on its role over the past two decades, Acsa said that ACS has operated without a formal procurement process for baggage screening services.
In light of this, ACSA asserted that their decision to take over these responsibilities followed a thorough review and aligns with the principles of fairness, transparency, and compliance with Section 217 of the Constitution and the Public Finance Management Act.
This strategic shift is part of Acsa’s broader effort to achieve operational efficiency, reduce airport-related costs, and guarantee the long-term sustainability of South Africa’s airports, thereby enhancing service offerings for both passengers and the aviation industry at large.
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