The Airports Company of South Africa (ACSA) has approached the Gauteng High Court for leave to appeal a judgment handed down in November last year which stopped it from implementing baggage screening services and procuring hold baggage screening equipment in an open tender process.

In November, the court ruled that Aviation Co-ordination Services (ACS), a company established by airline associations – including the Airlines Association of Southern Africa (AASA) and the Board of Airline Representatives of South Africa (Barsa) – to oversee baggage screening, is allowed to replace backup screening equipment.

Additionally, the court prohibited ACSA from buying new baggage screening equipment until the legal review filed by ACS, which challenges ACSA’s decision to take over these services, is finalised.

The review application is to be heard in the coming months. However, ACSA has argued that, in terms of the Constitution and aviation legislation, it is mandated to provide baggage screening and handling services at its airports and should proceed with an open tender process. 

ACSA has argued that the judgment has the effect of stopping a State organ from complying with the Constitution, its legislative mandate and preserving an evergreen contract.

As such, ACSA has said it believes that the February 25 hearing is critical to ensure that it continues to comply with its legislative 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 needed 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.

ACSA said 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.