The Constitutional Court dismissed then-Minister of Tourism Mmamoloko Kubayi-Ngubane’s application for leave to appeal a 2021 ruling that using Broad-Based Black Economic Empowerment (BBBEE) criteria to determine who benefitted from the Tourism Relief Fund was unlawful.
The fund was established in 2020 to provide emergency funding for Small Micro and Medium-sized Enterprises (SMMEs) in the tourism industry that were hit by the COVID-19 pandemic.
AfriForum and Solidarity both launched challenges to the use of BBBEE criteria in allocating the monies.
Though they were unsuccessful in the Pretoria High Court in 2020, the SCA ruled in their favour in 2021.
This prompted a Constitutional Court appeal from the minister.
The SCA found that Kubayi-Ngubane was not legally obliged to make eligibility for assistance from the fund subject to the BBBEE Act, and that it was, as a result, unlawful.
However, by then the funds were already allocated, and the SCA emphasized, at the time, that its ruling did not authorise or oblige Kubayi-Ngubane to recover them.
On appeal to the Constitutional Court, the minister argued there was still a need for clarity around the issue.
But AfriForum and Solidarity’s position was that the matter was now moot, and on Wednesday, the Constitutional Court agreed with the two organisations.
Chief Justice Raymond Zondo, who handed down the apex court’s decision, ruled that the matter was indeed moot, and that there were no sound reasons for the Constitutional Court to entertain it – particularly given its workload.
He said that the court would rather deal with the issues at play the next time they arise.
AfriForum said it was hopeful government would think twice before attempting to implement what it called “racially discriminatory policies” in future.
The organisation’s Ernst Van Zyl said denying struggling businesses relief funds based on skin colour during a pandemic impacting business owners of all races was immoral and unlawful.
-EWN
In other news – PICS: Actress Phindile Gwala-Ngandu so proud of her legs
One thing South African actress and media personality, Phindile Gwala-Ngandu really loves about herself, is how beautiful her legs look which is why she boldly says it out loud every chance she gets. They said, ‘if you have it, why not show it off?’, and it might be the motto she is going with!
She has for a couple of times left many of her social media followers begging for more after stepping out wearing something revealing her legs be it a short skirt, open dress, or even a bikini. Learn More
