Opposition to Broad-Based Black Economic Empowerment (B-BBEE) requirements for international airline licence applicants has fallen away, clearing the path for a court ruling that could remove race-based criteria from international aviation licensing in South Africa.
South Africa’s International Air Services Council (IASC) has withdrawn opposition to litigation brought by Sakeliga, making it the last remaining respondent to step back from the case. The move follows a recent court ruling that found it unlawful to impose B-BBEE criteria on domestic air service licence applicants.
The other major respondent, Barbara Creecy, the Minister of Transport, withdrew her opposition in a notice filed in the court in November 2025. Earlier opposition in the case also came from the Chairperson of the IASC, the DG of the Department of Transport and the South African Civil Aviation Authority.
“Following the IASC’s notice to abide – just like the Air Services Licensing Council (ASLC) in its respective court case – we now expect the court to rule in Sakeliga’s favour once more later in 2026, freeing international aviation licensing from B-BBEE or other race-based criteria,” the litigator for the business and industry chamber network said in a statement.
Industry rallies against requirements
When Sakeliga first announced a formal investigation into the domestic air services regulator ASLC’s B-BBEE requirements for applicants, foreign embassies informed Sakeliga that the IASC had made similar demands of international providers of passenger, freight and other air services.
These requirements were met with firm resistance from international airlines and diplomatic representatives.
Board of Airline Representatives of Southern Africa’s CEO, George Mothema, previously told Travel News that a number of Barsa’s international airline members had expressed concern about unclear and inconsistently applied B-BBEE conditions.
Mothema explained that the requirements presented administrative and procedural challenges for international carriers operating in South Africa, which may have deterred them from entering and expanding their operations in the country.
“Our position is that regulatory frameworks should strike a balance between promoting transformation and ensuring competitiveness and accessibility within the South African sector. We believe that clarity and consistency in the application of B-BBEE requirements are essentials to avoid deterring investment and to safeguard South Africa’s reputation as an open and reliable aviation market,” said Mothema.
Sakeliga eyes Acsa
In its statement, Sakeliga announced that it was also considering filing litigation against 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.
