State-owned Airports Company of South Africa (ACSA) has been granted leave to appeal a judgment that stopped it from procuring baggage screening equipment in an open tender process and from implementing the decision to terminate the operations of Aviation Co-ordination Services (ACS) at its airports.
The South Gauteng High Court in Johannesburg, on February 28, concluded that there are reasonable prospects of another court making different factual findings and coming to different legal conclusions, ACSA said on March 4.
The court added that November’s judgment that prevented the actions, addresses matters of great public importance and has far-reaching consequences for how ACSA exercises its statutory and constitutional powers and functions related to aviation safety and international obligations.
“The outcome of the application for leave to appeal is crucial. It is the first step in ensuring that ACSA complies with its mandate, including the procurement of screening equipment, to implement baggage handling currently undertaken by a private company,” ACSA said.
In addition, the court also ruled on an application brought by airline operational support services company ACS where it sought an order that the South African Civil Aviation Authority (SACAA) approve its application as a private company to replace back-up equipment at the King Shaka and OR Tambo airports and for ACSA to allow the replacement.
The court has granted this order notwithstanding the leave to appeal it granted ACSA and SACAA, which would ordinarily suspend the operation of the orders previously granted.
ACSA is presently studying the part of the judgment that permitted ACS to replace backup equipment and is considering its legal options.
ACSA remains committed to enhancing the services it provides to passengers and the aviation industry as a whole, it said. 