ACSA Wins Leave to Appeal a Judgment which Stopped it From Procuring Baggage Screening Equipment

The Airports Company of South Africa (ACSA) has been granted leave to appeal a judgment which stopped it from procuring baggage screening equipment in an open tender process and in implementing the decision to terminate the operations of Aviation Co-ordination Services (Pty) Ltd at its airports.

In a judgment handed down on Friday, 28 February 2025, the Johannesburg High Court concluded that there are reasonable prospects of another court making different factual findings and coming to different legal conclusions. 

The court said last November’s judgement 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.

In addition to the court granting ACSA leave to appeal, the court ruled on an application brought by ACS where they sought an order that the South African Civil Aviation Authority (SACAA) approve their application as a private company to replace back up equipment at King Shaka International Airport (KSIA) and O.R. Tambo International Airport (ORTIA), 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.