COURT VICTORY: International airlines freed from racial licensing in South Africa

International airlines operating to and from South Africa are now free from BEE and other race-based licensing requirements, following Sakeliga’s victory in the Pretoria High Court on Friday.

The court set aside and declared unlawful the International Air Services Council's (IASC) attempts to apply the B-BBEE Act and other race-based criteria when adjudicating licence applications.

The court order confirms that organs of state may not smuggle BEE requirements into licensing regimes where their empowering legislation grants no such authority. It also demonstrates to international businesses and governments that race-based demands by South African regulators can be successfully resisted and overturned.

What the order means

1. It is unlawful for the IASC to require B-BBEE compliance or apply any race-based criteria when adjudicating applications for international air service licences.
2. Licence applications must be adjudicated solely on the basis of the criteria set out in the International Air Services Act and relevant regulations, which concern, among others, operational capacity, safety standards, residency, and prudent control requirements. Including criteria unrelated to the Act and regulations is unlawful.
3. International providers of passenger, freight, and other air services can apply for and renew licences without BEE requirements.

Background

Race-restrictive aviation licensing in South Africa dates back to at least 2023, when it was brought to Sakeliga’s attention that the domestic regulator, the Air Services Licensing Council (ASLC), was unlawfully denying licence renewals by invoking provisions in BEE regulation.

BEE is a radical version of what is internationally known as DEI, where state institutions in South Africa attempt to use regulation to restrict economic opportunities on the basis of race.

Soon after Sakeliga launched a formal investigation, foreign embassies alerted us that the IASC was making similar demands of international airlines.

The IASC persisted with its demands even though the International Air Services Act grants it no authority to impose BEE criteria.

Having concluded its litigation against the domestic regulator, Sakeliga commenced litigation against the IASC in October 2025. The Minister of Transport filed notice in November 2025 that she would not oppose the application, and the IASC itself withdrew its opposition in February 2026, clearing the way for this favourable order.

Further BEE attacks in the aviation industry

The aviation sector remains subject to ongoing regulatory concerns and pressure to restrict access based on race. Sakeliga is investigating complaints against the Airports Company of South Africa (ACSA) over its emerging practice of making BEE participation a condition for office space, hangars, and other lease agreements.

Sakeliga is committed to scaling up its opposition to BEE in order to help restore economic order and a healthy business environment.

Sakeliga expresses its appreciation for the continued resistance to the IASC's demands maintained over several years by international airlines, foreign embassies, and industry representatives, whose co-operation supported our investigation and litigation.

Resources:

• Draft Court order