Airports Company SA (Acsa) has lost a court bid to stop a private company from changing baggage screening equipment services at OR Tambo and King Shaka International airports after it was argued that “there is a risk that the aged and out of maintenance in-line machines will stop functioning”.
Aviation Co-ordination Services (ACS), a private company providing operational support at airports managed by Acsa, lodged an urgent application last week in the Johannesburg high court for the utility to allow it to replace screening equipment at the two airports.
ACS argued the change in screening equipment is key to providing safety at SA’s airports, where several drug busts have taken place.
The court challenge stems from a policy legal review application between the two parties that is pending.
In May 2024, Acsa terminated the provision of the screening equipment by ACS and started an open tender process to find more companies to provide the service.
To provide the service to all SA airports will cost R3.15bn according to the tender.
Disgruntled ACS lodged a review application last year to have Acsa’s decision declared unlawful. It had provided the services to Acsa for many years.
ACS 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 the airports.
Acsa appealed the ruling and since then there has been a dispute among the parties about whether the high court’s orders were suspended or remain in effect pending appeal.
Judge Leicester Adams on Friday ruled in favour of ACS.
“Acsa is hereby directed to allow the first applicant, Aviation Co-ordination Services, to replace four level 3 backup HBS units [equipment] with new backup units at OR Tambo International Airport and King Shaka International Airport,” the judgment reads.
“The SA Civil Aviation Authority (Sacaa) is hereby directed to approve the replacement of the backup units within five days of this order for the replacement of those units within 10 days of this order.”
The court order is delivered close to the Easter holidays, a busy season for the airports.
Acsa and Sacaa were ordered to pay ACS’s attorney costs of the opposed urgent application.
Acsa legal counsel head Lubabalo Ntsonkota, in a responding affidavit, dismissed claims that screening at OR Tambo and King Shaka airports 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 the availability of components and spare parts of the equipment.”
The main review application is still pending.
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