Aviation Co-ordination Services (ACS) has welcomed the Gauteng High Court ruling on May 2, which dismissed Airports Company South Africa (ACSA) and the South African Civil Aviation Authority’s (SACAA’s) urgent appeal against the High Court’s mandamus order of November 5, 2024.
The November court order required ACSA and SACAA to allow ACS to replace aged hold baggage screening (HBS) equipment at the OR Tambo and King Shaka International Airports while a main review case is still before the courts.
ACS believes the critical replacement of aged HBS equipment is crucial to ensure public safety and airport efficiency.
In May 2023, ACSA announced plans to terminate ACS’s longstanding role in providing baggage screening services with the intention of taking over these services directly. ACSA went ahead with this even though it is the airlines, and not ACSA as the aerodrome operator, that are responsible for providing HBS services at airports, with ACS legally mandated by the airlines to operate and manage this equipment.
Further, ACS has ensured continued HBS operations at ACSA airports for more than 20 years without issue, the company states.
ACS approached the courts to review and set aside ACSA’s decision to insource HBS services, which included the issuing of a R3.15-billion tender for HBS equipment.
To avoid service disruptions while the main matter is under review by the courts, ACS applied for urgent relief to ensure it could continue upgrading aging HBS equipment at the OR Tambo and King Shaka airports.
The High Court granted this request in November last year, with the court order stating that ACS was permitted to replace four Level 3 back-up HBS units at OR Tambo and King Shaka, and that SACAA needed to approve the replacement and allow the process to be completed within ten days of the order being made.
ACSA and SACAA had sought to suspend these directives through an appeal, arguing that they should not be enforced while broader legal proceedings, mainly the review of ACSA’s plan to insource HBS services, were ongoing.
However, the latest High Court judgment has dismissed this appeal, affirming that these orders remain operational and enforceable during the review process.
“The replacement of these units is essential to maintaining uninterrupted, internationally compliant baggage screening services at South Africa’s major airports.
“We are pleased that the court has recognised the urgency and importance of this work, and that we can now move forward in the interests of all airline passengers,” ACS CEO Duke Phahla said. 