A South African business advocacy group has filed a legal challenge in the South African High Court against what it calls "race-restrictive licensing conditions" allegedly being imposed on international air service operators.

Filed on September 30, Sakeliga’s Notice of Motion and founding affidavit in the Gauteng division of the High Court in Pretoria accuse the International Air Services Council (IASC) of improperly including criteria from South Africa's Broad-Based Black Economic Empowerment (B-BBEE) Act when assessing applications for international airline licences, which Sakeliga argues are unlawful and beyond the council’s statutory powers under the county's International Air Services Act.

The group contends that the IASC has no authority under domestic or international law to require B-BBEE credentials or transformation commitments from airlines seeking licences to operate cross-border flights.

Sakeliga warns that the IASC’s B-BBEE demands have discouraged international passenger and cargo airlines from expanding or maintaining operations in South Africa, threatening to reduce service availability, increase costs, and undermine commercial freedom. Foreign carriers, the group says, cannot restructure their global operations to meet South Africa’s racial demographics.

The legal challenge arose after council meeting minutes obtained in May 2025 revealed that the IASC had been "obstructing" licence approvals and demanding "arbitrary" B-BBEE certificates since late 2023. The group accuses the council of secretive and inconsistent enforcement of these requirements, causing regulatory uncertainty and industry apprehension.

The application seeks a court order to set aside the council’s alleged B-BBEE practices. It is unclear on whose mandate Sakeliga is litigating the case.

The respondents include IASC chairman Derick Block, the transport minister, the director-general of the Department of Transport, and the South African Civil Aviation Authority.

Sakeliga’s challenge follows a similar successful court ruling earlier in 2025 against the domestic Airline Services Licensing Council (ASLC), which was declared to have acted unlawfully by considering B-BBEE criteria.

South African Department of Transport spokesman Collen Msibi said the matters raised by Sakeliga were being investigated by the relevant authorities. "The Department of Trade, Industry and Competition (DTIC) is the custodian and leading department on all matters pertaining to B-BBEE, and they are currently looking at the matters raised by Sakeliga in consultation with the Department of Transport and the Integrated Transport Sector Charter Council," he said.