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Tourism department wins BEE case

Against AfriForum.
Tourism Minister Mmamoloko Kubayi-Ngubane wins case over BEE scores on relief funding. Image: Supplied

The Department of Tourism won the court case against AfriForum and Solidarity challenging government’s decision to use broad-based black economic empowerment scores, to determine who its eligible for the R200 million in emergency funding for tourism-related businesses affected by the Covid-19 pandemic.

In a statement released by the department on Thursday afternoon, the department announced its victory in the Pretoria High Court on Tuesday, saying that both these organisations failed to convince the court to set aside B-BBEE as the criterion to score in the disbursement of the fund.

Minister of tourism, Mmamoloko Kubayi-Nguabane says the court found ‘nothing racial or shameful’ the inclusion of B-BBEE in the criteria as the applicants sought to suggest.

“We have always maintained that the design of our programmes is guided by the principles of fairness and justice. It is, therefore, inconceivable for this programme to be discriminatory on the basis on race,” Kubayi-Nguabane says.

She says that this is a great victory for the people of South Africa and for economic inclusivity.

Applications wheels in motion

The court case had cased for the processing of applications for the relief fund to be put on halt.

The minister said during a webinar hosted by South African Tourism CEO Sisa Ntshona on Wednesday afternoon, that she would like to see the court case aside and process the current applications.

“We had temporarily halted the process to allow the matter to be finalised in court. Our people, who are in desperate need of these funds to save their businesses, were subjected to delays by those with little respect for transformation. I am satisfied that the court has reaffirmed our position that even during this crisis, we cannot ignore the fault lines that exist in our society,” said Minister Kubayi-Ngubane.

The Tourism Relief Fund provides once-off capped grant assistance to Small Micro and Medium-Sized Enterprises (SMMEs) in the tourism value chain to ensure their sustainability during and post the implementation of government measures to curb the spread of Covid-19 in South Africa.

It is capped at R50 000 per entity, grant funding can be utilised to subsidise expenses towards fixed costs, operational costs, supplies and other pressure cost items.




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Where do you begin? B-BBEE isn’t a policy based on race……………

It is not racist that white people will score so little that they will get nothing and may as well give their business to someone black. Where is the racism in that? Everyone knows that black people cannot be racist.

Don’t care what the outcome is. It would be VERY wrong to support companies that got “Funding” because of their colour. Even just the thought of it is revolting. Wonder if they will pay back the money they got from people under false pretenses? Many donations were made in good faith before this despicable announcement.

I would be to not be seen dead with ANY of these. I will support those who need support and need to make a go of it without funding.

Can never trust these.

High court = government

Black Tin:

That is a slippery slope. We have the judiciary (and the press) to thank for a great many court cases that had our country teetering on the edge of a stomach churning abyss.

When we lose faith in our judges and journalists we are truly FUBAR! I have no clue about the technicalities of this case but expect that it hinged on technical rather than philosophical / conceptual principles.

Judiciary long captured…

What about judiciary under Nats? Not squeeky “normal ” me thinks. Then do yourselves a favour and read 2 books:

Apartheid – Britain’s bastard child by Hèlène Opperman ( and then the Nats proceeded to do awful things to people of other colour – learnt nothing from the past and some still say the hate English people 100+yrs later )

The land is ours – Tembeka Ngcukaitobi.( See how the black lawyers were treated )

The TRC result should have been prosecution for numerous Nat leaders and perhaps we would have been in a better space. The problem for the DA is that many of these racists still sit in their party

However – what do you expect when the leaders of human right abuse under the NATS walk around without obvious consequences? You reap what you sow – read the bible

Actually it is not even captured, it is simply that it was broken from the start. There is no true separation of powers. I recommend this video interview:

There are a myriad ways to refute this extraordinary judgment and the Orwellian pronouncements of this peculiar woman, but on reflection I think the best reaction is to simply laugh.

The only way to respond is to acknowledge the times they have changed and realise if you are not BEE now is the time to leave. It could be the last opportunity to leave with your wealth.

I for one was all set to leave. But now they almost seem to be using this indefinite lockdown as a way to milk people of their last cents.

At least I live in a province with neighbouring countries and thin borders.

I was on the verge of donating my humble R10k to the government Covid Fund – thank God I elected to donate it to Gift of the Givers instead – COVID does not discriminate and neither does GoTG, and the latter is as yet untouched by corruption and cadre thievery.

as a minority you know that you are in trouble when the justice system is being biased towards (ANC) state policies.

I have heard that the BEE is only part of the application. I can just imagine it – pages of info required for a miscible R50 000. How much admin cost is involved in getting the R50 000 to a recipient I wander? Only people going to get helped by this one is the army of civil servants hired to handle the applications.

I wonder how many people would have voted yes in the 1993 referendum if they knew this blatant discrimination would be their future. If they knew Jacob Zuma would become president. Not many I believe.

Very interesting question indeed. The “1993 business deal” was done the same way the Chinese does business. If you do not bother to read and understand the fine print of the business contract and you are unhappy afterwards, you are seen as the dumb one. Shame on you.

I realized now that the ANC is trying to change itself (using the Chinese Virus as catalyst) into a spitting image of the CCP. A socialist government governing a strictly controlled populace and economy. Only additive, add race based AA&BEE discrimination on top of it.

This was not mentioned in 1993 now was it ? Shame on us, the minority Capitalists that is.

The question posed by the referendum was: “Do you support the continuation of the reform process that the State President began on 2 February 1990 which is aimed at a newly negotiated constitution?” This question is so vague it can basically mean anything. However, in all fairness to FW de Klerk, he learned from the mistakes of the Anglo Boer war which was a futile war from the start. Pre 1994 it was a choice between putting the ANC in charge or having a civil war. We could negotiate with the ANC or we could have a civil war and try to negotiate afterwards when we were in a much weaker position to negotiate.Either way, the time was up for minority rule. At the time, Genl Constand Viljoen said only time will tell which was the right choice…

They’re the ones (who voted Yes) b1tching and wailing the most now….

They “bought” the New South Africa, hook, line and sinker.

We were told in the 80’s what this bunch (now our Guvvermint) were like, so those of us who lived through that era should have known exactly what was coming.

We were warned.

Okay – so, they won. But will the fund criteria REALLY be non biased ??? They will STILL only take into account the BEE status. No white-owned business will see a cent. Check this space …

And we could and we cant do anything about it other than Emigrate : Its that simple

Very interesting question indeed.

test Very interesting question indeed. test

Remind me what that Kieswetter guy said about tax morality 🙂

Without getting into the BEE argument but if you were a tour operator and paid your taxes like a good corporate citizen why should you now be excluded from a fund using some of the very tax you paid to save your and your staffs livelihoods just based on BEE status? – last time I heard SARs collection doesnt require you to be BEE.

Allocating emergency relief on the basis of your skin colour is immoral, unconstitutional and an abomination!

But OK to take my taxes and spend them to my exclusion because I am not from your tribe? …Shame on you racists!

Wouldn’t be surprised if gov did such a aggressive lock down to kill off “white monopoly capital”

I’ll pay my taxes (on pain of jail), but that’s it. Every other cent I can spare is going to help whites in need; not a chance I’m contributing to government relief funds unless they change their race-based policies.

No thinking person feeds parasites that affect it’s life indefinitely.

We were waiting for 26 years to see improvement but all that happened were rotten, now they have the benefit once more there is no doubt about the outcome.

Department will lose this one. Wrong judge, unfortunately, for the first try.

Equality is about giving everybody a equal chance
Not giving everybody a equal result. The dmbass ANC will never grasp this. The Tourist operators and game lodges must just retrench and tell staff to take it up with the dmb ass and the Judge. They actually dont give a hoot to the reality of the situation,just optics.

Whenever you read or hear the ANC-led government referring to “Our People”, substitute this with “Black People”, expressly excluding whites and other minorities. The only time “Our People” means all South Africans, is when viewed through the tax lens.

well said .Lets support our own people..Or is that racist?

I trust that, since this funding is taxpayer money, a list of all the successful companies will be published? I have a right as a taxpayer and consumer to know who these companies are and a chose to not support them in future.

Did anyone see the fat lady sing? The case isn’t over – it’s off to the Concourt.

we have a minister called Mmamoloko Kubayi-Ngubane …. ? Who knew ….?

End of comments.





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