A private company providing operational support at airports managed by Airports Company SA (Acsa) is taking the utility to court in a bid to retain its R3.15bn baggage screening equipment services tender.
Aviation Co-ordination Services (ACS) says its screening equipment is key to providing safety at SA’s airports, where several drug busts have taken place.
In May 2024, Acsa terminated provision of the screening equipment by ACS and started an open tender process to find more companies to provide the service.
Having provided its services to Acsa for many years, a disgruntled ACS lodged a review application last year to have Acsa’s decision declared unlawful.
It also lodged an urgent high court application to interdict Acsa from awarding a tender for the purchase of the equipment, pending the review application.
Last November, the high court ruled in favour of ACS and ordered Acsa to allow the company to replace screening equipment units at OR Tambo International Airport and King Shaka International Airport.
This after it was argued “there is a risk that the aged and out of maintenance in-line machines will stop functioning, which will have devastating consequences for [screening] services at the two airports”.
Acsa appealed the ruling weeks after it was made.
There is now a dispute among the parties about whether the high court’s orders were suspended or remain in effect pending appeal.
This week, ACS brought the matter back to the high court again on an urgent basis, seeking clarity and arguing the order was delivered on an interlocutory basis and remained in effect despite appeal.
“If the court confirms that the orders have indeed not been suspended, the applicants (ACS) seek a declarator to that effect coupled with an order directing Acsa and Sacca to comply,” ACS CEO Duke Phahla said in the urgent application.
‘Neglecting to comply’
Phahla said Acsa and the SA Civil Aviation Authority (Sacaa) were “neglecting to comply” with the orders.
“It is appropriate for this court to grant the relief sought and direct Sacaa and Acsa to comply within a short period of time with the order. Compliance is required before the end of February 2025.”
Phahla said the company needed approval from Acsa and Sacca for equipment replacement at OR Tambo and King Shaka.
Acsa legal counsel head Lubabalo Ntsonkota, in a responding affidavit, said there was no urgency in the matter.
“When did ACS realise that there is disrespect for the authority of the court orders? On its version, it was aware of the parties’ stance that the court orders had become suspended by November 20. It thus sits idly for almost two months and contends that the application is inherently urgent.”
Acsa dismissed claims that screening at OR Tambo and King Shaka airport was at risk if the machines were not replaced.
“Any suggestion of imminent failure of the machines is accordingly divorced from the facts,” Acsa argued.
“Smith [an original equipment manufacturer] has provided its commitment to support airport operations during the interim period until the upgrade and replacement of the equipment, while also indicating that there are technically feasible avenues to ensure availability of components and spare parts of the equipment.”
Acsa argues against the granting of the aviation company’s wishes, saying the review application is ripe for a hearing to clarify all aspects of the legal showdown.
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