Big security tender for 3 airports in court
· Citizen
The Airports Company South Africa (Acsa) is again facing legal scrutiny over a major security procurement process, with an urgent high court application filed to halt a new aviation security services tender covering South Africa’s three largest international airports.
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This legal challenge comes shortly after another security procurement dispute involving Acsa was taken to court by Mafoko Security Patrols, after Acsa cancelled a purported multibillion-rand “smart security” tender involving advanced airport screening technology.
The new application, brought by Eagle Eye Security Specialists, seeks an interim interdict preventing Acsa from evaluating, awarding or implementing the security services bid, pending a judicial review.
The tender covers the provision of aviation security services at OR Tambo International Airport, Cape Town International Airport and King Shaka International Airport for five years.
What do the court papers say?
In its founding affidavit, Eagle Eye argued that the structure of the aviation security tender is unlawful and incapable of producing a fair and legally compliant outcome.
“Our application is fundamentally concerned with the lawfulness, rationality and constitutional compliance of the tender process,” the company said via its attorneys. The challenge has been brought in terms of the Promotion of Administrative Justice Act, as well as the constitutional principle of legality.
Eagle Eye’s application cites missing cost items for mandatory aviation compliance, pricing structures that do not account for key requirements and contradictions over which documents are mandatory (like proving financial sustainability), despite the heavy weighting given to price in the evaluation.
It also argues the tender treats general national key point security experience as equivalent to specialised aviation security compliance governed by international standards.
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While the new matter is about a different tender, it again raises questions about the structure and lawfulness of a major airport security procurement process, said Wayne Duvenage of Organisation Against Tax Abuse (Outa).
More court battles
The fact that Acsa is facing several court challenges against its tenders is a red flag when it comes to procurement compliance processes and signals a breakdown in governance at the state-owned entity.
“Outa has witnessed countless incidents involving tenders that are cancelled and re-issued, or challenged in court due to irregularities, whereby tenders are often written or adjudicated to favour a desired outcome,” he said.
Duvenage claimed in many instances, cadre-linked companies are awarded multimillion-dollar contracts well outside their capabilities, but at a significantly higher price to allow them to outsource the work to a more capable company.
If Transport Minister Barbara Creecy appointed an independent forensic investigation, “they would most likely uncover evidence of procurement manipulation that could lead to dismissals at an executive level”, he said.
“Where is the board and its supposed oversight of Acsa’s management and lack of accountability in all of this?” Through its attorneys, Eagle Eye noted that the company had attempted to resolve the issues through engagement with Acsa before approaching the court.
Acsa confirmed it had been served with the urgent high court application but declined to address the substance of the allegations.
“This matter is now the subject of a pending high court challenge. Acsa’s position and attitude will be dealt with within the confines of the court case,” company spokesperson Ofentse Dijoe said.
He confirmed the procurement process had not moved beyond the initial stage. “The next steps have yet to be initiated,” Acsa said. – [email protected]
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