Creecy intervenes in Acsa baggage screening services dispute
ACS provides baggage services on behalf of airlines operating at Acsa-managed airports. Picture: iStock
Transport Minister Barbara Creecy has directed the Airports Company South Africa (Acsa) board to enter mediation with the firm responsible for baggage handling services at its airports.
This comes after Acsa and the South African Civil Aviation Authority (SACAA) suffered a legal blow last month in their battle with Aviation Co-ordination Services (ACS) to take control of hold baggage control screening (HBS).
Legal battles
The Gauteng High Court dismissed the urgent appeal by Acsa and SACAA, which barred it from bidding for or purchasing baggage screening equipment.
The court judgment upholds the High Court's order of 5 November 2024, requiring Acsa and SACAA to allow ACS to replace the relevant equipment at OR Tambo and King Shaka International Airports while a main review case is still before the courts.
It confirmed that the critical replacement of old hold baggage screening (HBS) equipment may proceed at the international airports, which is needed to ensure public safety and airport efficiency.
The dispute has resulted in multiple review applications, interdictory proceedings, and related appeal proceedings in the High Court.
Creecy's ministerial orders issued on Thursday empower the minister to take necessary steps to safeguard national security where a risk to critical infrastructure, public safety, or the national interest has been identified.
ALSO READ: Acsa loses appeal for control of baggage screening services at major airports
'Negative impact'
The minister said she is concerned about the 'negative impact' the protracted litigation could have on the integrity and reliability of HBS as the first line of defence against threats in the aviation system at Acsa's airports.
'In this regard, I am satisfied that intervention is necessary to prevent potential disruption, compromise of national security, and reputational harm.
'As such, my engagements with the Acsa board have, in the main, related to finding a solution to resolve the dispute amicably and timeously to obviate any destabilisation of an essential national security function,' said Creecy.
ALSO READ: Acsa interdicted from adjudicating and awarding R3bn tender
Terms of reference
Creecy ordered the board to finalise and execute a mediation agreement which contains the following terms of reference:
The implementation of interim measures relating to the maintenance regime and whether ACS / ACSA can or should install any HBS maintenance-related equipment, including the back-up HBS units.
The dispute pertaining to ACS, which is responsible for the provision of the HBS and interrelated services, will be addressed at the mediation.
The provision of service of HBS and its maintenance, compliance with the applicable regulatory frameworks, budgetary and fiscal constraints, the safety of passengers who use ACSA's airports, potential revision of agreements, and the commercial relations between the parties.
Negotiate, during the mediation proceedings, must be in good faith as the legal prescripts require that parties to the mediation act in the best interests of national security.
Prepare and submit a comprehensive report within two weeks, setting out the total costs incurred in relation to the dispute to date. This report must include a detailed breakdown of all the legal fees, disbursements, and any other associated expenses borne by the State.
Mediation
ACS CEO Duke Phahla welcomed the ministerial order announced by Creecy
'We strongly believe that the current challenges can be resolved without further delay or public expenditure through the courts. Our priority is, and always has been, the safe, secure, and compliant screening of baggage on behalf of our airline clients and their passengers.
'We enter this process in the spirit of collaboration and transparency. We look forward to engaging with Acsa and the Department of Transport to find an outcome that protects the integrity of South Africa's aviation security systems,' said Phahla.
ACS was established by the airline industry to provide HBS services on behalf of airlines operating at ACSA-managed airports.
NOW READ: Acsa wants a look over in fight over baggage screening services
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
IOL News
an hour ago
- IOL News
Pula Group disputes Motsepe's move to South African courts in R3. 4bn graphite dispute
Motsepe and his companies - who have now sought to have the dispute heard in the South African High Court - are accused by Pula of reneging on the Tanzanian graphite mining deal by allegedly investing in a similar project by an Australian rival of Pula. Image: Karen Sandison/Independent Newspapers Tawanda Karombo A bid by billionaire Patrice Motsepe's investment company, African Rainbow Capital (ARC), to have South African courts hear a dispute over a graphite mining deal turned sour has been rebutted by Pula Group, which argues that the case should continue to be heard before the Tanzanian High Court. Pula Group is a US company with interests in Tanzania. It is suing Motsepe owned companies including ARC and African Rainbow Minerals for R3.4 billion for breaching agreements related to a graphite mining deal in Tanzania. Motsepe and his companies - who have now sought to have the dispute heard in the South African High Court - are accused by Pula of reneging on the Tanzanian graphite mining deal by allegedly investing in a similar project by an Australian rival of Pula. Apparently, the two projects are located in the same area in Tanzania. Pula Group now argues that ARC and Motsepe have 'approached the South African High Court in an attempt to shield from the consequences of a R3.4bn lawsuit filed' in Tanzania by Pula Group LLC and its Tanzanian subsidiary, Pula Graphite Partners. The suit, filed on the basis of a breach of non-compete agreement and underway in Tanzania over the past two years, had already been set for a pre-trial conference on August 22. 'ARC's appeal to the South African courts appears to be a strategic attempt to sidestep accountability. What's troubling is the inconsistency in their legal arguments,' stated Pula president Mary Stith. 'In Tanzania, they assert that the parties named in the suit are unrelated yet in South Africa, they claim that a potential judgment against Motsepe, ARM, and ARCH would impact ARC directly.' Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Next Stay Close ✕ This 'contradiction raises serious questions about the credibility' of the South African billionaire and his companies' position, said Stith, adding: 'legal integrity demands consistency, and ARC's approach undermines that principle.' ARC argued in court papers filed in South Africa that 'notwithstanding the fact that Pula Graphite, ARC, Dr Motsepe and ARCH are not parties to the confidentiality agreement, Pula Group and Pula Graphite are seeking to hold them jointly and severally' liable together with ARM. It further argues that the Tanzanian High Court has to apply the law of the Republic of SA in its determination of the case as the confidentiality provisions of the agreement under dispute are based on South African statutes. 'It is our case that a finding on SA law will be dispositive of all the relief sought, first and foremost against ARC, but by necessary implication against Dr Motsepe and ARCH too,' argued ARC. The Motsepe group of companies is being represented by IMMA, Bowmans, and FNB while Pula and Pula Graphite Partners are being represented by Advocate Michael Ngalo and Beatus Malima. Pula chairman and former US Ambassador to Tanzania, Charles Stith, said ARC's move to apply to the South African High Court 'is part of a troubling' pattern. 'ARC seeks refuge in South African courts to avoid facing the consequences of its own actions. Their argument that Tanzanian courts lack jurisdiction is not only legally tenuous - it contradicts their own logic… South African courts should not be drawn into it,' he said. Pula said it has four graphite licenses in Tanzania's rich Graphite Belt, which is among the world's richest in quality and quantity, with its priority project is in the Ruangwa District in the Lindi Region where a second drilling exercise completed in the third quarter of 2023 indicates that there is nearly 145 million tons of measured, indicated, and inferred resource of the mineral. BUSINESS REPORT
The Citizen
2 hours ago
- The Citizen
SA targets 42 million passengers through airports by 2029
Acsa has a major capital program that they want to roll out over the next three years. Transport Minister Barbara Creecy says in recognition of the key role aviation can play in economic development, her department is targeting to reach 42 million passengers and 1.2 million tons of air freight through the Airports Company of South Africa's (Acsa) network of airports by 2029. Creecy made the remarks at the 3rd Next Generation of Aviation Professionals Global Summit being held at the Durban ICC. The three-day event, which commenced on Tuesday, aims to address aviation's urgent need for millions of new skilled professionals to work in the aviation sector globally. Acsa capital programme Creecy said Acsa has a major capital programme that they want to roll out over the next three years. 'It includes a new cargo terminal at OR Tambo International Airport, as well as upgrading passenger facilities at our other network of airports. Of course, we work a lot with other departments in government. 'Minister [Patricia] de Lille in the tourism sector is very responsible for bringing visitors to our country. Obviously, Minister [Parks] Tau in Trade and Industry is also helping us to position aviation as an enabler of the African Free Trade area, and I think that working together with those other departments, we are in a position to boost the travel footprint in our airports and also to increase the amount of cargo that we would be Moving by air,' Creecy said. AVIATION GLOBAL PROFESSIONAL SUMMIT [WATCH] The Minister of Transport @BarbaraCreecy_ delivering a keynote address @icao 80 next Generation of Aviation Professionals Global Summit in Durban#ICAOGlobalSummit @GovernmentZA — Department of Transport (@Dotransport) August 12, 2025 ALSO READ: Creecy steps in to resolve dispute over Acsa baggage screening services New opportunities Meanwhile, the South African Civil Aviation Commission (Sacca) at the summit, emphasised the need to create new opportunities for the next generation in the aviation sector. Sacca director Poppy Khoza said the aviation regulator understands that the future of the industry is inextricably linked to our ability to attract, train and retain young talent. 'We are proud to have aligned our youth development initiatives with ICAO's [International Civil Aviation Organization] Next Generation of Aviation Professionals (NGAP) strategy — a vision we support not only in principle, but through deliberate and sustained action,' Khoza said. 'As South Africa and the Sacaa in particular, by raising our hand in this critical discussion on building skills and young talent, we are hopefully demonstrating the urgency by which we view this initiative 'Our aim is to transform lives, ensure that potential is realised and we wish to redirect futures in a way that will contribute to this very important industry that directly influence socio-economic growth,' she said. NOW READ: Aviation Co-ordination Services rejects Acsa claims over OR Tambo grenade security breach Aviation professionals Secretary-general of the of the ICAO Juan Carlos Salazar stressed the importance of professionals in the aviation sector. 'Every time we board an aircraft, our safety and comfort depend on the skills of dozens of aviation professionals, most of whom we never see.' Salazar said these professionals represent just a fraction of the global aviation workforce that connects the world. 'By the time today's toddlers are graduating from high school, ICAO forecasts that global air transport will need over one million cabin crew alone. 'We will need almost 700 000 aircraft maintenance engineers and technicians, and almost as many pilots. Over 130 000 air traffic controllers will need to be trained and recruited,' Salazar said. The energy is electric in Durban as delegates from across the globe touch down for the NGAP Global Summit 2025. From aviation trailblazers to next-gen innovators, the brightest minds are gathering to Innovate. Educate. Inspire. This is where ideas take flight, connections are… — SA Civil Aviation Authority – SACAA (@OfficialSACAA) August 12, 2025 Technology Salazar said revolutionary technologies are reshaping aviation sector, whole automation, AI and advanced air mobility are transforming our airspace. He added that digitalisation and data analytics are enhancing operations and sustainability solutions are driving the path to net-zero emissions. Salazar said the 2025 NGAP Global Summit will be remembered as a 'key milestone in the scaling up and refinement of this programme as we achieve these ambitions'. Ambassadors The summit coincides with the launch of the new ICAO Global Ambassadors Programme, a flagship initiative that will mobilise passionate aviation professionals from around the world to serve as role models, advocates and messengers for our industry. The volunteers will visit schools, mentor youth and engage with communities to make aviation careers more visible and accessible to all. ALSO READ: Millions of litres of jet fuel secured to address OR Tambo shortage
The South African
3 hours ago
- The South African
Shell and Total dealt devastating South Africa offshore drilling blow
The Western Cape High Court has refused environmental authorisation for offshore drilling in a venture led by French energy giant TotalEnergies off South Africa's west coast, in a ruling on Thursday. The High Court said on Wednesday the environment ministry's 2023 go-ahead for exploratory operations in the roughly 10 000-square-kilometre block near Cape Town had been 'reviewed and set aside'. Environmental lobby groups that launched a legal challenge against the project said it would harm marine life. The block is jointly owned by South Africa's state oil company PetroSA, TotalEnergies and British oil heavyweight Shell, with the French firm serving as the operator. In a statement to AFP, TotalEnergies said the venture complied with all required local regulations, including environmental and social, from the outset and it would assess the judgement. Although it had already announced its exit from exploration in the block, it remains 'fully committed to respecting the judicial process to its term', the company said. In overturning the environmental permit, the judge Nobahle Mangcu-Lockwood said TotalEnergies could reapply for authorisation after public consultation. Green Connection, one of the groups that filed the legal challenge, said the ruling was a major victory for coastal communities and small-scale fishers. 'Oil spill and blowout contingency plans were kept from the public until after approval, denying communities a chance to comment,' it said in a statement. Interest in oil and gas exploration off South Africa's coast has surged in recent years, driven in part by major discoveries across the maritime border in Namibia and broader energy activity in southern Africa, including Mozambique. The Natural Justice group of environmental lawyers said Wednesday's judgement affirmed that all companies needed to follow due process before seeking the green light for oil exploration off South Africa. 'We will continue to turn to our courts to not only stop the takers who parade under the guise of growth and development, but to ensure that impacts of oil and gas exploration and production are properly scrutinised and that our people and our resources are not exploited,' it said. Let us know by leaving a comment below, or send a WhatsApp to 060 011 021 1 Subscribe to The South African website's newsletters and follow us on WhatsApp, Facebook, X and Bluesky for the latest news.
