Minister Orders ACSA to Mediate Baggage Screening Dispute Amid Security Risks

ACSA is a state-owned entity operating under the oversight of the Department of Transport, and the current standoff has raised serious concerns regarding the safety, efficiency, and credibility of the airport security system.

In a decisive move to protect national aviation security, Minister of Transport Barbara Creecy has issued a ministerial directive compelling the Airports Company South Africa (ACSA) Board to enter into a formal mediation process with Airports Co-ordination Services (ACS) Pty Ltd, the company responsible for hold baggage screening (HBS) at South Africa’s airports.

This directive comes amid escalating legal tensions and operational uncertainty surrounding the provision of HBS services—a critical component of airport security. The dispute has embroiled the South African Civil Aviation Authority (SACAA) and led to multiple court actions, including review applications, interdicts, and appeals lodged in the High Court.

ACSA is a state-owned entity operating under the oversight of the Department of Transport, and the current standoff has raised serious concerns regarding the safety, efficiency, and credibility of the airport security system.

Legal Grounds and Ministerial Authority

Minister Creecy invoked her authority under Section 10(1)(a) of the Airports Company Act No. 44 of 1993, which allows the Minister to act in matters where public safety, national interest, or critical infrastructure is at risk.

“I am concerned about the negative impact the protracted litigation could have on the integrity and reliability of hold baggage screening as the first line of defence against threats in the aviation system at ACSA’s airports,” Creecy said in a statement issued Thursday.

She warned that the ongoing legal battle poses potential risks to:

• National security

• Passenger safety

• Operational reliability

• Reputational standing of ACSA and South Africa’s broader aviation sector

Scope and Purpose of Mediation

The objective of the mediation, as outlined in the Minister’s directive, is to resolve the dispute amicably and expeditiously, avoiding further delays, safeguarding infrastructure, and maintaining compliance with both domestic and international aviation standards.

The terms of reference for mediation are detailed and far-reaching:

1. Cost Transparency

• The ACSA Board must submit a comprehensive report within two weeks, detailing the total costs incurred from the dispute thus far.

• This includes a full breakdown of legal fees, disbursements, and other state-borne expenses.

2. Good Faith Negotiation

• All parties must negotiate in good faith, prioritising the national security interest over narrow commercial or legal victories.

3. Long-Term Structural Issues

• Parties must explore long-term solutions for the delivery, maintenance, and regulatory compliance of HBS services.

• Key discussion points include budgetary limits, safety considerations, and potential revision of service agreements.

4. Short-Term Operational Measures

• Mediation must address transitional provisions to ensure the HBS system remains functional while negotiations proceed.

• This includes evaluating the installation of backup systems, equipment maintenance, and adherence to international safety standards.

5. Constitutional and Regulatory Clarity

• The mediation must clarify which entity holds the statutory responsibility for the delivery of HBS services.

• The role of Section 217 of the Constitution—which governs state procurement and fairness—must be examined in the context of service delivery and operational mandates.

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Broader Implications for National Aviation Security

This dispute strikes at the heart of aviation security infrastructure in South Africa. Hold Baggage Screening (HBS) is a foundational security layer designed to detect and prevent threats in checked-in luggage before boarding, and any instability or uncertainty in this system could have domestic and international ramifications.

In addition to legal and operational risks, the dispute has prompted warnings from industry stakeholders about potential:

• Delays at airports

• Non-compliance with international aviation standards

• Increased scrutiny from global aviation bodies

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Call for Collaborative Resolution

Minister Creecy emphasized that the mediation is not merely a procedural exercise, but a critical national security intervention that must yield meaningful results.

“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.”

She reiterated the need for cooperative governance, regulatory compliance, and prioritisation of public safety, urging all involved stakeholders to embrace the mediation process with urgency and accountability.

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The Road Ahead

With the ministerial order now in effect, the ACSA Board is under obligation to:

• Engage ACS within the set framework

• Submit cost documentation

• Develop interim and long-term action plans

• Report back on progress as stipulated

Failure to comply could result in further government intervention or a reassessment of contracts and operational responsibilities in the aviation sector.

The outcome of this mediation will set a precedent for public-private security service delivery partnerships and will likely influence future policy approaches to managing disputes in critical infrastructure sectors.