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[1]          This is an application brought by the Minister of Tourism (the Minister), the Department of Tourism and the Director-General of that department as, respectively, the first, second and third applicants, for leave to appeal against a judgment and order of the Supreme Court of Appeal in a matter involving them, on the one hand, and, Afriforum NPC and Solidarity Trade Union, on the other. The Supreme Court of Appeal’s judgment and order related essentially to whether the Minister was obliged or entitled to include Broad Based Black Economic Empowerment (B BBEE) status level criteria among the criteria that the Department of Tourism used to select small, micro and medium sized businesses (SMMEs) that would be given grants out of the Tourism Relief Fund for SMMEs.

[2]          The Supreme Court of Appeal’s judgment was to the effect that the Minister was not obliged nor was she entitled to include race-based criteria in the selection criteria used to select SMMEs to be given the grants. It is in respect of that judgment that the Minister, the Director-General and the Department apply for leave to appeal. Afriforum and Solidarity oppose the application.