The constitutionality of Broad-Based Black Economic Empowerment
(B-BBEE) can still be tested even though the Constitutional Court (ConCourt) upheld the Supreme Court of Appeal  (SCA) ruling that provisions to aid only black tourism companies were unlawful.

The ConCourt on Wednesday, while dismissing tourism minister Lindiwe Sisulu's application for leave to appeal, did not go into the merits of the B-BBEE criteria that one had to be black to get relief funds...