This is a paid article which your subscription is allowing you to read.

International airlines flying to and from South Africa are now free from black economic empowerment (BEE) and other race-based licensing requirements. This follows a Pretoria High Court ruling in favour of business lobby group Sakeliga last week.

The court declared unlawful attempts by the International Air Services Council (IASC) to apply BEE and other race-based criteria when adjudicating international air service licence applications. The IASC is a regulatory body established by the International Air Services Act, falling under the South African Department of Transport, with its primary mandate being to regulate, control, and issue licenses for international air services operating in and out of the country. The ruling makes clear that regulators may not introduce requirements unrelated to the International Air Services Act, such as operational capacity and safety standards, among others.

“This decision confirms that licence applications must be judged solely on the criteria set out in the law,” Sakeliga said. “Airlines can now apply for and renew licences without any race-based conditions.”

Race-restrictive aviation licensing in South Africa has been a concern since at least 2023, when the domestic Air Services Licensing Council allegedly invoked BEE provisions to deny licence renewals. Sakeliga subsequently discovered similar practices by the IASC affecting international carriers.

Litigation by Sakeliga against the IASC began in October 2025. Barbara Creecy, the minister of transport, did not oppose the case, and the IASC withdrew its opposition in February 2026, paving the way for the favourable court order, Sakeliga said.

Despite the victory, regulatory pressure tied to BEE continues in other areas of the aviation sector, including lease agreements with the Airports Company of South Africa. Sakeliga said it will continue to challenge race-based restrictions to restore fair access and a healthy business environment.

In a statement, Sakeliga said: “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.”