10 September 2026

High Court Sets Aside B-BBEE Criteria in International Air Service Licensing

Edited by:

African Pilot Newsdesk

Why this article matters
The Pretoria High Court order removes B-BBEE and other race-based criteria from the adjudication of international air service licence applications in South Africa. The International Air Services Council must assess applications against the requirements of the International Air Services Act and relevant regulations, including operational capacity, safety, residency and control requirements.

For international passenger, freight and other air service operators, the ruling removes an additional licensing consideration that the court found was not authorised by the governing legislation. It provides greater certainty around the criteria applicable when international air service licences are applied for or renewed in South Africa.

The Gauteng Division of the High Court in Pretoria has set aside the International Air Services Council’s use of B-BBEE criteria and other requirements outside the International Air Services Act when adjudicating international air service licence applications.

The order was granted by Justice Bam on 5 June 2026 in Sakeliga NPC v International Air Services Council and Others, case 2025-177321.

The court reviewed and set aside the IASC’s decision to include criteria contained in section 10(1) of the Broad-Based Black Economic Empowerment Act, or any criteria extraneous to the International Air Services Act, as requirements when considering licence applications. The decision was declared unlawful.

It separately declared unlawful the IASC’s conduct, policy and practice of applying those criteria to applications, as well as its use of race-based requirements that are not contained in the International Air Services Act or regulations made under it.

The ruling does not remove the statutory requirements that continue to apply to international air service licence applicants. Under the Act, the IASC must determine whether an applicant is fit and able to operate the proposed service and whether the service can be accommodated within South Africa’s international air services system.

Those provisions include requirements relating to residency or incorporation and voting control, active and effective control of the service, aircraft, the ability to operate a safe and reliable service, financial capability and other matters prescribed by the legislation.

The scope of the court order is more specific than Sakeliga’s description of international airlines being freed from B-BBEE licensing requirements. It applies to licence applications adjudicated by the IASC under the International Air Services Act. The Act separately provides for foreign operator permits for certain services operated with aircraft registered outside South Africa.

Sakeliga said it began proceedings against the IASC in October 2025 after investigating the council’s use of B-BBEE and transformation requirements in international air service licensing. According to the organisation, the Minister of Transport indicated in November 2025 that she would not oppose the application, while the IASC withdrew its opposition in February 2026. The application was consequently heard unopposed.

The court also exempted Sakeliga from exhausting the internal appeal procedure contemplated in section 37 of the International Air Services Act and ordered the IASC to bear the party-and-party costs of the proceedings, including the costs of two counsel where employed.

The international licensing case follows separate litigation brought by Sakeliga against the Air Services Licensing Council, which regulates domestic air services. In August 2025, the Pretoria High Court similarly declared the use of B-BBEE and race-based criteria outside the domestic Air Services Licensing Act unlawful.

You can read the full article and access the Court Order from Sakeliga.