Solidarity and AfriForum in court against Department of Tourism: judgement reserved
28 April 2020
Judgement in Solidarity and AfriForum’s court case against the Department of Tourism was reserved today in the Northern Gauteng High Court. Judgement will be delivered by email to all parties within the week. This comes after the two organisations resorted to the court to ask that the Department of Tourism’s decision to use race as criterion for granting relief be reviewed.
Solidarity contends that black economic empowerment (BEE) specifically aims to redress the inequalities of the past and that there is no room for it in the use of emergency relief funds in the midst of the Covid-19 pandemic. By regulation micro businesses are exempt from BEE under normal circumstances.
“Race does not play a role in the pandemic and therefore BEE cannot play a role in the allocation of emergency funds,” Dr Dirk Hermann, Solidarity chief executive, said.
The Department used BEE as defence in its court papers. According to the Minister of Tourism, MmamolokoKubayi-Ngubane, the department is obliged by law to grant relief funds only according to BEE requirements.