ACSA timeously pays all legitimate and undisputed invoices that are received and where goods and services have been rendered. From the inception of the contracts to date (2017 to date), ACSA has paid security companies an amount of R3.97billion. After 5 years, the security services agreements are due for renewal and are the subject of litigation from several of the current service providers.
In the current year alone (April 2024 to November 2024), ACSA has paid R292 million to all security service providers. All validated invoices are paid when due and payable. All disputed invoices are subject to dispute resolution mechanisms such as mediation and arbitration, where appropriate. ACSA denies placing "gagging" orders against service providers. Specific service providers have exercised an election per the SLAs to proceed through arbitration, and ACSA has exercised its right to defend these proceedings.
ACSA does not owe security service providers more than R550 million, but has received claims that still need to be verified of R126m, which are subject of the arbitration process.
The service providers are required to submit invoices for all amounts due for services, and these must be accompanied by information and / or documentation that ACSA may reasonably require. Upon receipt of the invoices accompanied by substantiating evidence, ACSA would pay the service provider according to the SLA. Those who have not been paid, have not submitted verifiable documentation to support their claims and have been asked to do so.
Liquidation Claims
Liquidation proceedings were instituted against ACSA for unverified claims. The application for liquidation has therefore no prospects of success, as ACSA is a going concern and is able to pay its debts as and when they arise.
At this stage, ACSA is not aware of any additional impending liquidation applications since the proceedings described above.
Service providers claims against ACSA do not have the effect of creating liability in ACSA's books. The mere existence of a claim from a service provider does not translate to a contingent liability or even grounds for liquidation.
Filing a liquidation application does not mean that the application has merit, particularly when unverified. The application for liquidation is a vexatious and malicious attempt to coerce ACSA into paying unverified amounts that are subject to arbitration.
The Financial Statements
ACSA strongly rejects the allegation that its financial statements are "fake." The financial statements of 2023/24 were independently audited by the Auditor General of South Africa (AG), and an independent audit opinion was issued confirming "ACSA's financial statements present fairly in all material respects the financial position of the Group and financial performance and cash flow for the year ended in accordance with the financial standards, Public Finance Management Act and Companies Act."
This opinion was issued by the AG, for the year under review, having being provided with all relevant information on such claims.
As per the audited Annual Financial statement for the period ended 31 March 2024 ACSA's assets, exceed its liabilities including reasonably foreseeable contingent liabilities and ACSA is able to pay its debts as they become due in the ordinary course of the business. Therefore , based on the Going Concern assessment, it can be concluded that Airports Company South Africa is solvent and liquid.
The Nature of the Dispute
ACSA is in receipt of unverified claims of R126 m over the calculation of increases and training. The increases are in relation to labour costs, equipment and training fees. These matters have been referred to arbitration to get a ruling on what is fair to claim and what is fair to pay.
In respect of one of the matters the arbitration was instituted on 24 February 2023; in August 2023, ACSA filed the statement of defence and counterclaim. 7th February 2024, ACSA filed an amended statement of defence and counterclaim. 8 months later in 2024 the service provider has not responded, and the matter was set down for an arbitration hearing for the 17th March 2025 where they would be entitled to pursue any claims they have against ACSA in that process. The service provider has chosen instead on 27 November 2024 to submit an application for liquidation, abandoning the arbitration process prescribed through the Service Level Agreement as a last resort for contracting parties to resolve disputes. This clearly illustrates bad faith and opportunistic conduct to tarnish ACSA's reputation.
ADDITIONAL FALSE ALLEGATIONS
BONUSES
There are no bonuses nor increases that have been received by Board members since 2020, as they are paid standard prescribed fees, which are determined by National Treasury. The bonuses of ACSA staff were not paid for the 3 years of financial losses due to Covid-19 and cost cutting measures and were paid for the first time in 2023/24 - the first profitable year as determined by the ACSA remuneration policy which is aligned with best practice.
ACSA views these claims as highly irresponsible and sensationalist to air such inaccurate and misleading statements with the obvious intention of causing panic among travellers and customers, especially given that ACSA is a very important part of the transport sector in this country.
ACSA is responding to the liquidation application and will file its Notice to oppose to defend the liquidation proceedings.
We reassure the public that ACSA as an organ of state prescribes to the high standards of corporate governance and compliance with the Public Finance Management Act, and will not be coerced into making payments of unverified amounts. ACSA will also not make irregular payments under undue pressure or threatened legal action.
ACSA would like to reassure the public that there is no cause for concern and operations will continue as normal.
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