Dudu Myeni must face the music
Ex-SAA boss fails to stop delinquency application from proceeding
The Organisation Undoing Tax Abuse (Outa) has been given the green light to pursue its delinquency application against former SAA chair Dudu Myeni.
The high court in Pretoria on Thursday dismissed Myeni’s special plea, with costs, that Outa did not have legal standing to bring the application.
“I am of the view that the special plea should be dismissed and Outa should be granted leave to bring the action in terms of section 157 (1) (d) of the [Companies] Act, together with [the SA Airways Pilots’ Association],” judge Ronel Tolmay said in her judgment.
This section provides for an application to be brought by a party acting in the public interest.
Earlier in December, Tolmay ruled against Myeni’s application to amend the plea she made in 2017, as well as her application to join 28 other SAA directors in the case.
Myeni is believed to have sought to change her plea to deny her personal involvement in wrongdoing and shift responsibility to the SAA executive management team.
In her application, Myeni claimed that a refusal to allow her to join other board members would lead to a miscarriage of justice because the decisions and conduct alleged by Outa and the pilots’ association were that of the board as a collective.
In her judgment on Thursday, Tolmay said Myeni should pay
Myeni is believed to have sought to change her plea to deny her personal involvement in wrongdoing
the costs of applications.
“The trial will resume on January 27 for five weeks,” Tolmay said.
The delinquency case stems from an application filed by Outa and and the pilots’ body in March 2017 to declare Myeni a delinquent director as a result of her conduct while she chaired the SAA board from December 2012 to October 2017. the two earlier