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.
The Constitutional Court on Wednesday dismissed the tourism minister’s application for leave to appeal an order stating she could not use race-based criteria to grant relief to tourism businesses during the Covid-19 lockdown.
"There is a massive moral as well as legal difference between including preferred candidates for positions and excluding a whole racial group for positions," said Solidarity s Connie Mulder.
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