Business lobby group Sakeliga has filed a court application to overturn what it calls unlawful race-based licensing conditions imposed by South Africa’s International Air Services Council (IASC) on foreign and cross-border air operators. The organisation says it became aware in 2023 that the IASC was making black economic empowerment (BEE) compliance a requirement for licences and is now seeking to: “prevent BEE from restricting and driving away international air service providers”.

Sakeliga argues that the IASC, a statutory regulator for cross-border air services, has become a: “chokepoint” by attaching BEE conditions that discourage international passenger airlines, cargo providers, and other operators from expanding or maintaining services to South Africa.

If not reversed, the group says the measures would limit available air services, reduce consumer choice, and raise costs.

The case forms part of Sakeliga’s broader campaign against what it terms unlawful BEE requirements in state bodies and regulators. The IASC has not yet publicly responded to the litigation.