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IOL News
4 days ago
- Business
- IOL News
Court ruling secures baggage screening units for passengers at OR Tambo and King Shaka
Airline passengers can thank the courts for the replacement of four critical Hold Baggage Screening (HBS) units at OR Tambo and King Shaka International Airports. Image: Supplied Airline passengers can thank the courts for the replacement of four critical Hold Baggage Screening (HBS) units at OR Tambo and King Shaka International Airports. This is as a protracted legal dispute continues involving - the Aviation Co-ordination Services (ACS), Airports Company South Africa (Acsa) and the South African Civil Aviation Authority (Sacaa) - over who holds the mandate to provide check-in hold baggage screening (HBS) services at South African airports. The ACS said it had launched the legal action given the risk of service breakdown due to ageing screening infrastructure and manufacturer support withdrawal, which compelled it to seek urgent court relief in 2024 to allow it to replace four back-up Level 3 HBS units at OR Tambo and King Shaka. ACS in November obtained an order barring Acsa from implementing its insourcing decision or awarding any contracts under its tender that directed Acsa to allow ACS to replace the equipment; and ordered Sacaa to approve the replacement within five days. ACS CEO Duke Phahla said, 'We commend Sacaa's recognition of the urgency in replacing aged HBS equipment to ensure uninterrupted security operations at airports. We have always maintained that passenger safety and continuity must come first, and this step reflects that shared concern.' The matter stems from May 2023 when Acsa announced its intention to terminate ACS's long-standing role as the provider of HBS services and to insource the function and subsequently issued a R3.15 billion tender for the procurement of new baggage screening equipment opening the floodgate of legal suits amongst the parties. Following the Gauteng High Court granting for the replacement, Acsa said it contested the ACS's handling of baggage as it was in contravention of the Constitution (which states that all organs of state must engage in procurement that is fair and transparent), the ACSA Act, the Public Finance Management Act, which requires that all airport charges levied to passengers must be approved by a Regulating Committee. Acsa's manager for Communications, Sisa Majola, said in response to enquiries, "The charges currently being levied by ACS are not regulated. The next development in the proceedings will be the hearing of the appeal against the court's order to interdict Acsa from implementing its insourcing of Hold Baggage Screening and the procurement of the screening." Majola said it was crucial that the ACS has challenged Acsa's decision to insource/perform Hold Baggage Screening Services, and a court of law has not heard this matter, nor has ACS been confirmed as the entity entitled to render Hold Baggage Screening Services. Acsa confirmed it would comply with the back-up replacement court order and continue with the appeal, as it was granted leave to appeal by the High Court and would continue to defend the review proceedings. ACS's Phala said, 'While the legal process runs its course, our focus remains on ensuring uninterrupted, world-class baggage screening services for passengers and airlines. We remain committed to working co-operatively with Acsa, Sacaa and all stakeholders to safeguard operational integrity and uphold aviation security standards." In its response, Sacaa said there are no ongoing discussions between the Sacaa and ACS and that further determinations would have to be from court pronouncements.
The Citizen
4 days ago
- Business
- The Citizen
Creecy intervenes in Acsa baggage screening services dispute
The dispute has resulted in multiple review applications, interdictory proceedings, and related appeal proceedings in the High Court. 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
IOL News
12-05-2025
- Business
- IOL News
ACS secures baggage handling monopoly as court dismisses ACSA appeal
The fallout between ACS and Acsa stems from the airport manager's decision in 2023 to terminate ACS' longstanding role in providing baggage screening services with the intention of taking over these services directly. Banele Ginidza The Aviation Co-Ordination Services (ACS) has celebrated its hold on the over multi-billion rand baggage handling monopoly after the Gauteng Division of the High Court dismissed the Airports Company of South Africa's (Acsa) appeal against an order that stopped it from procuring baggage screening equipment. In a statement on Friday, ACS welcomed the high court decision, saying it said confirmed that the critical replacement of aged Hold Baggage Screening (HBS) equipment may proceed at key international airports, which is crucial to ensure public safety and airport efficiency. The ruling upholds the High Court's mandamus order of 5 November 2024, requiring Acsa and the South African Civil Aviation Authority (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. The fallout between ACS and Acsa stems from the airport manager's decision in 2023 to terminate ACS' longstanding role in providing baggage screening services with the intention of taking over these services directly. The ACS said Acsa went ahead with this even though it is the airlines, and not Acsa as the aerodrome operator, that is responsible for providing HBS services at airports (with ACS legally mandated by the airlines to operate and manage HBS). ACS said it had provided uninterrupted, efficient and cost-effective HBS operations at Acsa airports for more than 20 years – with its operations commended as an example of global best practice. In response, ACS approached the courts to review and set aside Acsa's decision to insource HBS services including issuing a R3.15 billion tender for HBS equipment. The company said to avoid service disruption while this main matter is under review by the courts, ACS applied for urgent relief to ensure that it could continue upgrading aging HBS equipment at OR Tambo and King Shaka airports. The High Court granted this request in November 2024, stipulating that ACS is permitted to replace four Level 3 back-up HBS units at OR Tambo and King Shaka International Airports and that SACAA must approve the replacement and allow the process to be completed within ten days of the order being made. ACS said 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, are ongoing. However, the 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,' said Duke Phahla, CEO of ACS. '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.' BUSINESS REPORT
The Citizen
04-05-2025
- Business
- The Citizen
Acsa loses appeal for control of baggage screening services at airports
Acsa wants to take control of baggage screening and has issued a R3.15 billion tender for it. The Airports Company of South Africa (Acsa) and the South African Civil Aviation Authority (SACAA) have suffered a legal blow in their battle with Aviation Co-ordination Services (ACS) to take control of baggage control screening. This comes after the Gauteng High Court dismissed the urgent appeal by Acsa and SACAA on Friday, which barred it from bidding for or purchasing baggage screening equipment. Judgment on airport equipment The court judgment by Jude Twala upholds the high court's order on 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. ALSO READ: Acsa interdicted from adjudicating and awarding R3bn tender Acsa baggage services In May 2023, Acsa announced plans to terminate ACS's more than two-decade role in providing baggage screening services. It said it intended to take over these services directly. Acsa argued that it was supposed to be responsible for the baggage services, and that ACS had been running the services without a formal tender, which means Acsa was in breach of the procurement rules for state-owned entities. However, ACS contends that the airline is responsible for providing HBS services at airports, with ACS legally mandated by the airlines to operate and manage the services. ACS appeal In response, ACS approached the courts to review and set aside Acsa's decision to insource HBS services, including issuing a R3.15 billion tender for HBS equipment and force SACAA to approve the replacement of four backup baggage screening equipment at OR Tambo and King Shaka airports. In November last year, the court ordered that SACAA must approve the replacement and allow the process to be completed within 10 days of the order being made. Acsa and SACAA then 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, are ongoing. However, the High Court judgment on Friday 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,' said Duke Phahla, CEO of ACS. ACSA tenders Acsa has a fraught history of dealing with large tenders. In August last year, despite stating that there were no allegations of irregularities, Acsa suspended its chief information officer in relation to a technology tender. Mthokozisi Mncwabe had been placed on precautionary suspension after 'prima facie evidence of wrongdoing' was uncovered in a biometric and digital identity technology project. This came despite Acsa previously stating before the High Court that there were no irregularities in the procurement processes. The contract, worth R115 million, was awarded to French multinational technology company IDEMIA, with a requirement that at least 30% of the value be subcontracted to a South African, black-owned enterprise. IDEMIA partnered with the local company InfoVerge, but the relationship eventually deteriorated. Security tender Also last year, the court halted Acsa from awarding an airport security tender to a non-compliant service provider since 2018. This followed allegations made by the South African Transport and Allied Workers' Union (Satawu) that Acsa unlawfully awarded the contract to Checkport SA, 'a foreign-owned company that has no requisite expertise'. NOW READ: Acsa wants a look over in fight over baggage screening services
Zawya
10-02-2025
- Business
- Zawya
South Africa: OR Tambo among top 10 busiest airports in Middle East and Africa
OR Tambo International Airport (ORTIA) has been ranked among the top 10 busiest airports in the Middle East and Africa for 2024, according to data from OAG's Global Airline Schedules. Airports Company South Africa (Acsa) announced that ORTIA facilitated over 12 million scheduled seats this year, underscoring its role as a crucial hub for air travel, trade, and connectivity in the region. As one of South Africa's key international gateways, ORTIA demonstrated significant growth and operational capacity, handling over 17.8 million passengers and more than 204,000 aircraft movements in the fiscal year from April 2023 to March 2024. These figures highlight ORTIA's role as Africa's busiest airport, facilitating global connections and contributing to economic activity through its extensive network. Acsa has stated its focus on maintaining high infrastructure and operational standards to support continued growth. The top 10 busiest airports comprise: 1. Dubai International – 60,236,220 seats 2. Doha (QA) – 32,455,882 seats 3. Jeddah – 29,715,122 seats 4. Riyadh King Khalid Intl – 23,298,983 seats 5. Cairo International – 18,712,227 seats 6. Zayed International – 17,125,037 seats 7. OR Tambo International – 12,272,780 seats 8. Addis Ababa – 12,099,516 seats 9. Kuwait – 10,931,111 seats 10. Sharjah – 9,128,412 seats All rights reserved. © 2022. Provided by SyndiGate Media Inc. (
