SCA rules it was unlawful for the Department of Tourism to require tourism businesses to meet B-BBEE requirements to qualify for Covid-19 emergency fund.

Published on

22 September 2021

The Supreme Court of Appeal today ruled that it was unlawful for the Department of Tourism to require that tourism businesses meet Broad-Based Black Economic Empowerment (B-BBEE) requirements in order to be considered for relief from government’s Tourism Relief Fund.

The Department in April 2020 announced the Tourism Relief Fund of R200 million.

Solidarity and AfriForum applied urgently, in separate cases, in the North Gauteng Division of the High Court in Pretoria, to review and set aside this requirement.

Their applications were dismissed with costs and they were refused leave to appeal.

The SCA ruled in favour of AfriForum and Solidarity.

o the minister to justify the inclusion of B-BBEE status levels.