Sakeliga clears path to end South Africa's racial licensing of global airlines
Following the IASC’s notice to abide, we now expect the court to rule in our favour once more.
International airlines from the Americas, Europe, Asia, and elsewhere operating in South Africa will likely soon be freed from racial licensing requirements, following legal proceedings by Sakeliga.
Last week, South Africa’s International Air Services Council (IASC) – the only party still resisting Sakeliga’s aviation litigation – withdrew its opposition.
The other major respondent, the Minister of Transport, already in November 2025 filed notice to the court that she would not oppose Sakeliga’s application.
This paves the way for an unopposed court order by which it is declared unlawful to subject international air service licences to B-BBEE or race-based criteria – similar to an unopposed court order in Sakeliga’s favour in the case of domestic aviation licencing in August 2025.
Build-up to race-based aviation licensing in South Africa
Race-restrictive aviation licensing in South Africa dates back to at least 2023.
In December that year, Sakeliga announced that it had launched a formal investigation into the race-restrictive licensing practices of South Africa’s domestic air services regulator, the Air Services Licensing Council (ASLC).
It had come to our attention that the ASLC had been denying license renewals based on the government’s programme of “Black Economic Empowerment” (BEE) – a radical version of what is internationally also known as DEI.
Soon after, foreign embassies alerted Sakeliga that South Africa’s regulator for the licensing of international air services, the IASC, had made similar demands of international providers of passenger, freight, and other air services.
The demand on international operators was made even though the IASC has no legal mandate – or right – to implement BEE.
On the contrary, it is obligated by legislation and international agreements to strictly consider only criteria relating to operational capacity, safety standards, residency, and prudent control requirements.
The IASC’s race-restrictive efforts were met by firm resistance from the international air services companies and diplomatic representatives. Nevertheless, despite the opposition and even after Sakeliga publicly challenged and thereafter initiated a formal investigation, the South African regulator refused to withdraw its demands.
Having in the meantime concluded our litigation against the domestic air services regulator’s race-restrictive licensing, Sakeliga then commenced similar litigation against the international regulator in October 2025.
Again, we sought to review and set aside the decisions by the regulator (in this case the IASC) and to have the council's conduct declared unlawful, unconstitutional, and beyond its statutory powers.
Following the IASC’s notice to abide – just like the ASLC in its respective court case – we now expect the court to rule in our favour once more later in 2026, freeing international aviation licensing from BEE or other race-based criteria.
Remaining race-restrictive policy in aviation and elsewhere
Under its BEE programme, the South African government is pushing every local and international company in the country to eventually either directly or through subsidiaries meet the government’s vision of majority black shareholding, employment, and effective control.
The government’s programme is deeply harmful to the general population and an existential threat to the vital interests of private owners, both local and international, and of minority communities.
Sakeliga is committed to restoring economic order and is scaling up its opposition to BEE.
In aviation specifically, Sakeliga is considering litigation against the Airports Company of South Africa’s emerging practice of making BEE participation a condition for renting office space, hangars, and other lease agreements. Again, this demand is being made of both local and international aviation businesses.
For a succinct overview of BEE and Sakeliga’s approach to countering it beyond aviation, see this five-minute video.
Resources
Notice of Motion and founding affidavit filed in the Gauteng Division of the High Court.
Notice to Abide by the IASC
Click here for more information on Sakeliga's court victory against the Air Service Licensing Council.
