Sakeliga goes after Aviation Licensing Body for BEE requirements

by | Nov 18, 2024

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This case, if successful, could prevent a draconian increase in the racial barriers to market participation for minorities.

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The Air Services Licensing Council (ASLC), a statutory body tasked with issuing air service licenses, finds itself embroiled in controversy over alleged unlawful demands tied to Black Economic Empowerment (BEE). Business group Sakeliga has challenged the council’s conduct, accusing it of overstepping its legal mandate by making race and transformation criteria prerequisites for licensing.

This forms part of a broader policy theme emerging under Cyril Ramaphosa, who hopes to tighten the noose on white people by preventing them from having any market access whatsoever, unless their company is own by an ever-increasing share of black ownership.

Sakeliga asserts that such requirements have no foundation in the Air Services Licensing Act of 1990, which governs the council’s operations. The law, they argue, focuses solely on operational, safety, and accountability standards. In December, Sakeliga’s lawyers formally demanded the ASLC cease imposing these conditions. The council has since requested time to seek legal advice, which Sakeliga believes will confirm the illegality of its actions.

The business group has warned that the ASLC’s actions undermine commercial freedom and aviation safety by prioritizing criteria unrelated to the sector’s core operational standards. Air carriers facing pressure from the council are urged to contact Sakeliga directly or through industry associations for support.

Sakeliga has pledged to continue advocating for adherence to the rule of law, calling on the ASLC to confine itself to its lawful duties and eliminate politically motivated interventions in licensing processes. Meanwhile, industry players are advised to resist compliance with what Sakeliga deems unconstitutional demands.

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