Kiran Moloi | August 10, 2025
The Pretoria High Court has declared that it is illegal for the Aviation Service License Council (ASLC) to impose broad Black Economic Empowerment (BBBEE) or racial-based requirements on applicants for an Aviation Service License.
Applicant Sakeliga is a litigator in the Business and Industrial Office Network, and ASLC has rejected or delayed domestic aviation service providers on standards such as B-BBEE certification and transformation operations since December 2023.
The final High Court decision provided that ASLC must issue a license as long as it complies with the requirements of the Aviation Services Licensing Act 115 of the 1990 aircraft safety, residence, management and registration. It also prohibits ASLC from adding race-based standards.
“The policies and practices of the First Respondent (ASLC) included as a requirement for a license application in relation to the standards set out in the B-BBEE Act are declared illegal,” the decision states.
International licenses were also affected
Sakeliga claims that ASLC's International Air Services Council (IASC) on licensing international aviation services is also making similar requests to major international airlines and local businesses participating in international aviation services.
This is said to have influenced airlines in the Americas, Europe, Australia, Africa, the Middle East and East Asia.
“We are pleased to announce that we are pleased to announce that we are pleased to announce that we are pleased to announce that we are offering a stake in the South African Airlines Representative Committee (BARSA).
“Many (BARSA) members have expressed concern about the unclear and inconsistent B-BBEE terms, which have contributed to delays in the licensing process in some cases. Therefore, we welcome the clarity provided by the recent court decision.”
Court Requests Official ASLC Hearing
The court also declared the ASLC ban on the use of electronic devices to record hearings and interactions with ASLC staff unlawful.
This portion of the order follows the discovery of Sakeliga, in which the ASLC allegedly barred applicants from recording records of license application hearings, despite the fact that the ASLC provides that the hearing should be made public.
“In between and between the hearings, the applicant has found himself facing arbitrary and verbal demands regarding bees and transformation.
“Disclaimer – the views and opinions expressed in this article are the views of the author and are not necessarily those of the Bee Room.”
