By Lesedi Sibiya-Diplomatic Insider 

Last week, South Africa’s International Air Services Council (IASC) withdrew their opposition to the Sakeliga’s aviation litigation. The Minister of Transport, Barbara Creecy, had filed a notice in December 2025, that she would not oppose the Sakeliga application. 

Race-restrictive aviation has been a hurdle since 2023. That year Sakeliga had announced that a formal investigation would take place to look into the race restrictive licensing practices of the Air Services Licensing Council (ASLC).

The ASLC are being accused of denying license renewals based on the Black Economic Empowerment (BEE) programme. 

The IASC have no obligation to implement BEE and are rather obligated by legislation and international agreements to strictly consider only criteria relating to operational capacity, safety standards and prudent control requirements. 

The race-restrictive approach taken by the IASC was met with much resistance from international air services as well as diplomatic representatives.

Despite Sakeliga publicly challenging the IASC, the South African regulator refused to withdraw its demands.

Under the guidance of the BEE programme the government of South Africa is pushing every local and international company in the country to abide by the vision of majority black shareholding, employment and effective control.

There has been public concern that BEE is harmful to the general population of South Africa and poses a threat to the vital interests of private business owners, both on the local and international landscape.  

Sakeliga is heavily considering litigation against the airports company of South Africa’s emerging practice of making BEE a condition for renting office space and other lease agreements. This demand for litigation is made of both local and international companies within the field of aviation.