International airlines operating in South Africa could soon be released from race-based licensing requirements after the country’s aviation regulator withdrew its opposition to a High Court challenge brought by local business group Sakeliga.

South Africa’s International Air Services Council (IASC), the last remaining respondent opposing the application, withdrew its resistance last week, according to a statement by Sakeliga. Transport Minister Barbara Creecy had already filed notice in November 2025 indicating she would not oppose the case.

According to Sakeliga, this clears the way for an unopposed order in the Gauteng division of the High Court in Pretoria, declaring it unlawful to subject international air service licences to criteria linked to Broad-Based Black Economic Empowerment (B-BBEE).

Sakeliga filed its application on September 30, 2025, seeking to review and set aside what it described as race-restrictive licensing conditions imposed by the IASC under South Africa’s International Air Services Act.

The group argued that the council improperly considered B-BBEE credentials and transformation commitments when assessing applications from foreign passenger and cargo carriers, despite lacking the statutory authority to do so.

Sakeliga maintained that foreign carriers cannot restructure global ownership or control structures to align with South Africa’s racial demographics and that the requirements discouraged expansion, reduced service availability, and increased costs.

The lobby group earlier won a similar court challenge against the domestic Airline Services Licensing Council (ASLC), which was declared to have acted unlawfully by considering B-BBEE criteria.

ch-aviation has asked the Department of Transport for comment.

Meanwhile, Sakeliga said it was considering litigation against the Airports Company of South Africa’s "emerging practice" of making BEE participation a condition for renting office space, hangars, and other lease agreements.