PIC mulls legal action over Lanseria Airport deal
Acapulco Trade and Invest, the BEE partner at Lanseria Airport, was last month paid more than R400m by the Public Investment Corporation (PIC) in a move that is said to have incensed the board, which is now contemplating legal action to recoup the funds.
At the heart of the misgivings by the board is that the valuation of Lanseria was grossly overstated by some R1.7bn, opening the door for Acapulco to walk away with the hefty settlement in a situation where it ought to have walked away with little, if anything.
According to Business Day, the episode raises fresh questions about how the PIC governs complex private sector recoveries and comes less than five years after the Mpati Commission found widespread governance failures at the fund.
Acapulco in 2013 received a R333.2m loan from the PIC to buy a 25% stake in Lanseria.
Under the terms of the deal, Acapulco was expected to use reasonable commercial endeavours during the term to raise funds to refinance a portion of the capital loan amount.
The final repayment of the capital loan amount was the 10th anniversary of the first advance date, which came in the latter part of 2023.
Business Day reports that Acapulco defaulted on the loan, which had ballooned to about R600m, including interest. The PIC then moved to perfect its security by taking transfer of Acapulco’s shares in Lanseria.
The PIC and Acapulco hired professional services firm BDO to conduct the valuation.
The draft valuation was rejected by both parties, with BDO’s mandate terminated in October 2024. A month later, the parties appointed Crowe to conduct the valuation.
Crowe in January produced its final report, which the PIC disagreed with.
Crowe’s valuation was an outlier in that it was far removed from historical valuations of the asset.
The PIC’s view is that Crowe’s valuation inflated the value of Lanseria by about R1.7bn.
The valuation put Acapulco’s stake in Lanseria at about R1bn, opening the door for the company to walk away with a tidy sum, even after losing its shares to the PIC over the R600m debt.
Article disclaimer: While we have made every effort to ensure the accuracy of this article, it is not intended to provide final legal advice as facts and situations will differ from case to case, and therefore specific legal advice should be sought with a lawyer.





