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.

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.

"There is currently an interim court ruling that the Sacaa is abiding to that has ruled on the installation of four back up HBS units. There is an appeal in place and, therefore, we are awaiting the final determination on the issue by the courts," Sacaa said.

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