- Bidvest has urgently approached the High Court over the King Shaka Airport security tender.
- Dube TradePort has said the current security contract ends on 30 September 2026, and that airport security services must continue without any interruption.
- The case will determine whether the current contractor can stay on while a public tender review is still before the courts.
The company that handles aviation security at King Shaka International Airport has taken its fight to the High Court in Durban, trying to keep its place at one of the country’s busiest transport hubs.
Bidvest Protea Coin filed its urgent application after Dube TradePort awarded the new aviation security tender to Eagle Eye Security. The company wants the court to stop the new contract from being implemented while it pursues a full review of how the tender was awarded.
Bidvest has been providing aviation security services at the airport under a contract signed in October 2023. That deal is set to expire on 30 September 2026.
Dube TradePort says airport security cannot stop
Dube TradePort argued that Bidvest’s contract was always meant to end on 30 September 2026, and that the company has a legal responsibility to ensure aviation security continues at the airport.
The airport operator told the court it had started a temporary procurement process to bridge the gap while the tender dispute plays out. It also promised not to implement the disputed tender while the review is ongoing, a commitment that became central to the urgent application.
Dube TradePort said Bidvest was, in effect, asking for an extension of an expired contract rather than trying to prevent an immediate handover to the new bidder.
Bidvest says the tender deserves judicial scrutiny
Bidvest argued that letting its contract expire before the review is heard would undermine its challenge to the tender process.
The company insisted that public procurement has to comply with constitutional principles of fairness, transparency and accountability. Its lawyers argued that keeping the current security arrangement in place would protect operational stability while the court decides whether the tender was lawfully awarded.
Bidvest also argued that Dube TradePort would not be seriously affected if it continued to provide aviation security services until the review was finalised.
Judge Hadebe draws a line on procurement powers
Judge N Hadebe agreed that the matter was urgent, but warned against the courts interfering in the procurement duties of public entities. Judge Hadebe said, “Public procurement is a highly specialised field governed by strict statutory and regulatory frameworks.
“The legal instruments demand strict compliance by the affected organs of state and public entities.”
Rejecting the argument that an expiring contract automatically creates a right to stay on, Judge Hadebe said, “The terms of the contract in the matter at hand are clear and unambiguous.”
The court dismissed Bidvest’s urgent application and found that the existing contract did not give the company a right to remain at King Shaka International Airport beyond its expiry date.
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