Tenders for 78 retail store opportunities across the company’s nine airports were published in April.
However, on 4 July 2018 in the South Gauteng High Court, Justice Phillip Coppin found that a tender published in 2017 by the company for car hire concessions was unlawful and invalid for being inconsistent with the Constitution.
The judgment said that Airports Company South Africa had failed to apply section 217 of the Constitution and the framework legislation envisaged in that section.
The company says that in the light of this judgment and the impact it could have on the current tender for retail opportunities, it is suspending evaluation of bids. Airports Company South Africa will advise bidders of the next steps once it has further considered the way forward.
The retail opportunities are in existing retail spaces where contracts have expired and require new tender processes. These retail opportunities are in the sectors of food and beverage (26), fashion apparel (21), speciality stores (27), curios (2) and foreign exchange (2).
The tenders will be for retail spaces at O.R Tambo International Airport (31), Cape Town International Airport (23) and King Shaka International Airport (15). A further nine opportunities are spread across Port Elizabeth, East London and George airports.
Airports Company South Africa remains resolutely committed to implementing official policy with respect to facilitating transformation through its procurement practices, but equally committed to carrying this out within the law