Many Tourism Update readers feel let down by the Constitutional Court, which dismissed an appeal against the application of Broad-Based Black Economic Empowerment in SMMEs applying for funding relief.
The ConCourt ruled that it was “not in the interest of justice to hear the application urgently”.
Following that ruling, the Executive Mayor of Cape Town, Dan Plato, has launched an inter-government dispute against the Minister of Tourism, Mmamoloko Kubayi-Ngubane.
Tourism specialist, Alan Roxton Wiggill, echoed many other readers’ sentiments in a letter to TU:
I made a strong comment on this B-BBEE racial position in a previous letter. The fact that the Constitutional Court has effectively supported this legislated discrimination by dismissing the appeal on the grounds that it is "not an urgent matter".
The ConCourt has let our democracy down since the money allocated to the relief fund by the minister’s office is now allocated and spent. By declining to hear the appeal urgently, effectively this money is not made available to all SMMEs, based on a racially discriminatory law (called the B-BBEE Code of Good Practice) with the Constitutional Court.
The court may eventually consider this appeal but it will not help the SMMEs who are not B-BBEE compliant when they are bankrupt due to the government’s dictatorial Command Council’s decree that tourism must be shut down, with tourism a financial wreck.
The Constitutional Court refusing to hear this appeal with urgency is disturbing, as there should be no political bias in the highest law body in the country.