Cape Argus

Parties ready to take on Myeni in court

- BALDWIN NDABA

THE Organisati­on Undoing Tax Abuse (Outa) and the SAA Pilots’ Associatio­n (Saapa) insist they are ready to go on trial next year in their applicatio­n to declare former SAA board chairperso­n Dudu Myeni a delinquent director.

This comes as the North Gauteng High Court yesterday dismissed Myeni’s applicatio­n to strike out a plea she filed in June 2017.

Outa chief legal officer Stefanie Fick said: “We are delighted with the ruling. This means that we can go on trial in January.”

The court found that Myeni failed to give a reasonable explanatio­n for her applicatio­n to strike out a plea explanatio­n she made in 2017.

In her applicatio­n, Myeni claimed that she was not aware of the contents of the plea, saying her previous attorneys did not consult with her properly to explain the legal implicatio­ns of it.

In delivering her judgment, Judge Ronel Tolmay relied heavily on the affidavit of Myeni’s former attorney, George van Niekerk.

In his affidavit, Van Niekerk gave the court detailed account of their consultati­on with Myeni saying they first met for consultati­on on May 25, 2017.

He said after that consultati­on they proceeded with drafting the plea. Van Niekerk told the court they forwarded the draft plea to Myeni and according to him, Myeni fully understood what was contained in the plea.

He also said some of the documents were sent to Myeni’s private attorney for any correction. Van Niekerk also said that they had a telephonic consultati­on with Myeni which also lasted for more than three hours which they had recorded.

He added that following series of consultati­on, they secured the services of a Senior Counsel who drafted the plea explanatio­n. He said that plea explanatio­n was forward to Myeni and her private attorney before filed his plea on June 19 in 2017.

“The applicatio­n (Dudu Myeni) has failed to give a reasonable explanatio­n to amend his plea. She wanted to strike out 11 admissions she made in her plea. I am satisfied with the evidence of her previous attorney. Her applicatio­n cannot be granted,” Judge Tolmay ruled.

The court also lambasted Myeni for bringing her applicatio­n more than a year after she filed the plea.

In her plea explanatio­n, Myeni admitted that when the SAA board awarded BnP Capital to source funding of R15 billion for SAA it was unlawful and that BnP had by then lost its financial services provider licence.

In their papers, Outa and SAAPA argue that the SAA board’s appointmen­t of BnP Capital in April 2016 as a transactio­n adviser to SAA was unlawful.

They also argue that the board’s decision in July 2016 to create and pay BnP a cancellati­on fee of R49.9m for the failed contract was irregular and unlawful.

They alleged that in June 2015, Myeni unlawfully intervened in a board-approved deal between SAA and Emirates airline to block it, claiming that former President Jacob Zuma had reservatio­ns about the deal and resulting in significan­t financial losses and reputation­al harm for SAA.

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Dudu Myeni

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