Johannesburg - An emerging black empowerment company that has previously been awarded several small to medium contracts by the Airports Company of South Africa (Acsa) since 2010 has appealed to government and the board of the parastatal to get to the bottom of allegations that Acsa discriminates against black enterprises.
In a damning letter to a senior member of the Acsa board in which no punches are pulled, Tswelokgotso Trading Enterprise (TTE) claims to have been in constant confrontation with Acsa officials for no other reason than that they are a black company, and officials therefore expected them to pay bribes for jobs.
The TTE lodged a complaint with the public protector’s office two years ago and they are still awaiting the findings.
“As an SMME, Acsa is obliged to assist us emerging enterprises, but instead they are punishing us,” said Samora Mtsi, TTE’s operations director.
He told The Sunday Independent there were concerted efforts by Acsa’s management to suffocate their operations by cancelling their contracts. He said they had to take Acsa to court for the second time in two months to prevent them from killing their business.
Mtsi said it was David taking on Goliath in another court drama on Tuesday when TTE had to turn to the Pretoria High Court against Acsa after they felt aggrieved that the state owned enterprise was bullying them by unilaterally changing and cancelling their contracts.
The court ruled in TTE’s favour and ordered that they continue with their work until the end of the contract in June.
The two sides have been at daggers drawn for months with no sign of improvement in relations after TTE’s state-of-the art gym and spa at the OR Tambo International Airport, was at the end of January unceremoniously closed by Acsa.
The closure has threatened the livelihood of more than 40 employees.
Acsa said they had not paid the monthly amounts due for their lease but they said they had failed to meet their monthly obligations because Acsa had not paid more than R50 million due to them for work they had done as grass cutting, vegetation control and runway maintenance contractors.
The Sunday Independent is in possession of a letter which TTE’s managing director, Mpho Mohale, wrote to the chairperson of Acsa’s social and ethics committee, advocate Kenosi Moroka, pleading for his intervention.
In the letter dated April last year, TTE claims to have been subjected to racism, harassment, discrimination and professional jealousy at the hands of Acsa.
Mtsi said it was almost a year since they wrote the letter to Moroka, but he has never responded.
Moroka could not be reached for comment, but The Sunday Independent has also seen an email dated March 5 last year in which the then outgoing Acsa chairwoman Busisiwe Mabuza wrote to Moroka that: “As part of my handover process, I deem it appropriate that I bring the Tswelokgotso matter to your attention with a request that you and the new chairperson give them an ear. The company is as far as I understand a legitimate service provider to Acsa. The CEO is aware of their complaints and is aware that I agreed to meet with them last week. I will dispatch to you a file that contains their information via the corporate secretary’s office.”
In the letter by TTE to Moroka, they claim some of their invoices remained unpaid for over a year before being paid. They were apparently also barred from refuelling their vehicles on site as per contract or having an office at the OR Tambo airport for up to six months.
“This happened immediately after our refusal to pay bribes to the person who was managing our contract. One of the senior officials at Acsa even sent his friends to solicit money from us on his behalf. We can furnish you with their banking details when proof is needed,” he said.
Mtsi said there was a time when Acsa owed them R35, 2m but forced them to accept R7, 5m.
“Their actions have had a very negative impact on our business because our other business ventures such as the gym and spa have suffered as their viability were based on the initial funding to be generated by the bigger contracts.
“This is a blatant betrayal of the ANC government’s mandate to transform state owned enterprises and to support black business,” he said.
Mtsi added that Acsa had the audacity to reduce their work and give it to established white-owned companies.
“We have the proof that they are promoting white-owned companies and those that are fronting with black faces,” he added.
In a written response to the allegations, Acsa said the letter to Moroka relates to issues raised nearly a year ago, which have been fully dealt with by the company.
“The Airports Company South Africa has accordingly engaged TTE numerous times on the issues it has raised in its letter to Mr Moroka.The numerous allegations made by TTE have been investigated by the company and we have found no substance or merit to its complaints.
“Incidentally the letter was dated April 10, after TTE had formally lodged a complaint with the office of the public protector, whose investigations into claims made by TTE against Airports Company South Africa are still ongoing.”
The Acsa response continued: “However, as part of the arbitration, the public protector on numerous occasions emphasised this process would not be used to circumvent the fulfilment of obligations lawfully due to Airports Company South Africa.
“The Airports Company of South Africa does not condone any racist behaviour and takes the allegations of corruption seriously.
“Any employee proven to have been engaged in such activities will be disciplined and any transgression of the law will be reported to the relevant authorities.”
Sunday Independent