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The constitutionality of Broad-Based Black Economic Empowerment (B-BBEE) can still be tested even though the Constitutional Court (ConCourt) upheld the Supreme Court of Appeal (SCA) ruling that provisions to aid only black tourism companies were unlawful.
In September 2021, despite the arguments of the then Tourism Minister Mmamoloko Kubayi-Ngubane, the Supreme Court of Appeal found that she was not legally obliged to make eligibility for assistance from the fund, subject to the BBBEE Act.
The Constitutional Court on Wednesday dismissed the tourism minister’s application for leave to appeal an order stating she could not use race-based criteria to grant relief to tourism businesses during the Covid-19 lockdown.
The Constitutional Court has dismissed the Tourism Department’s bid to appeal the Supreme Court of Appeal’s ruling in favour of AfriForum and Solidarity on the criteria used for government’s R200 million Covid-19 relief grant.
The court says in future it is likely to be less inclined than before to entertain matters that are of academic interest only.