Solidarity’s row with tourism minister not over
Tourism Minister Mmamoloko Kubayi-Ngubane welcomed the Constitutional Court’s dismissal on Friday of the joint Solidarity/AfriForum application to appeal and set aside the use of broad-based black economic empowerment (B-BBEE) criteria as part of the department’s R200 million Covid-19 Tourism Relief Fund for small businesses.
“The Constitutional Court has considered the application for leave to appeal directly to this court on an urgent basis,” the country’s apex court said on Friday. “It has concluded that the application should be dismissed as it is not in the interest of justice to hear it at this stage, as there are insufficient grounds raised for a direct appeal to this court on an urgent basis.”
The court attached no costs to the order.
The Constitutional Court’s decision represents the tourism minister’s second victory within a month in the case brought by trade union Solidarity in association with civil rights organisation AfriForum.
Read: Tourism department wins BEE case
AfriForum, however, said over the weekend that the battle is not over, and it now plans to take the case to the Supreme Court of Appeal. Solidarity and AfriForum took their fight to the Constitutional Court last week after losing the initial case brought before the Pretoria High Court late in April.
“The decision by the Constitutional Court is most welcome and consistent with a view we have always maintained that the case lacked legal merit and moral standing,” Kubayi-Ngubane said in a statement.
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