The constitutionality of Broad-Based Black Economic Empowerment (B-BBEE) can still be tested even though the Constitutional Court (ConCourt) upheld the Supreme Court of Appeal (SCA) ruling that provisions to aid only black tourism companies were unlawful.
In September 2021, despite the arguments of the then Tourism Minister Mmamoloko Kubayi-Ngubane, the Supreme Court of Appeal found that she was not legally obliged to make eligibility for assistance from the fund, subject to the BBBEE Act.