The Pretoria High Court has ruled that the International Air Services Council (IASC) cannot apply Broad-Based Black Economic Empowerment (B-BBEE) or other race-based criteria when adjudicating international air service licence applications.
The judgement, handed down in favour of Sakeliga (a litigator for the business and industry chamber network), found that licence applications must be assessed only against the requirements set out in the International Air Services Act and its regulations, including operational capacity, safety standards, residency and prudent control requirements.
The ruling comes after the court previously ruled it unlawful to impose B-BBEE or race-based criteria on domestic air service licence applicants in August 2025.
After the court ruled in Sakeliga’s favour for domestic licence applicants, the IASC withdrew its opposition to the international air licence case in February this year.
Industry welcomes regulatory certainty
Board of Airline Representative of Southern Africa (Barsa) CEO, George Mothema, told Travel News that the association welcomed the ruling, saying it strengthened regulatory certainty, consistency and predictability within South Africa’s aviation licensing framework.
“Airlines make long-term investment, fleet and network planning decisions based on clear and stable regulatory environments, and legal certainty is therefore important for both existing operators and prospective entrants to the market,” said Mothema.
He noted that international airlines operated within complex global ownership, governance and regulatory structures that were often determined by their home jurisdictions and international agreements.
“Our focus has always been on ensuring that licensing processes are transparent, legally certain and applied consistently. Regulatory clarity supports confidence in the South African aviation market and assists airlines in making informed decisions regarding capacity, connectivity and future investment,” said Mothema.
Mothema said airline decisions were influenced by a wide range of factors including passenger demand, infrastructure capacity, operational efficiency, bilateral air service agreements and the broader policy environment.
“While the judgment is a positive step towards greater certainty, aviation growth depends on a combination of factors. However, a predictable regulatory framework is an important foundation for maintaining South Africa’s competitiveness and supporting international connectivity,” he said.
Sakeliga focuses on ACSA
In its statement, Sakeliga announced that it was now investigating Airports Company South Africa (ACSA) over the application of B-BBEE requirements in operational matters.
According to Sakeliga, ACSA has increasingly made B-BBEE participation a condition for leasing office space, aircraft hangars and other facilities at South Africa’s airports.
“The aviation sector remains subject to ongoing regulatory concerns and pressure to restrict access based on race. Sakeliga is investigating complaints against ACSA over its emerging practice of making BEE participation a condition for office space, hangars, and other lease agreements,” said Sakeliga.
