Another legal blow: Dudu Myeni loses interim delinquency order

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The High Court in Pretoria has thrown out former South African Airways (SAA) Chairperson Dudu Myeni’s appeal against an enforcement order.

In May 2020, the same court declared Myeni a delinquent director and barred her for life from serving as a director at any entity. She then sought to block the enforcement of the order, arguing that there’s no need for one – as she’s no longer a director on any board at a state-owned entity (SOE).

In their judgment, issued on Monday, 15 February 2021, Judge President of the Gauteng division of the High Court Dunston Mlambo, Justice Vuyelwa Tlhapi and Justice Annelie Basson upheld the argument put forward by the the Organisation Undoing Tax Abuse (Outa) and the SAA Pilots’ Association (Saapa)

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“The application for leave to appeal in the present matter has lapsed. In order for the application for leave to appeal to be revived, condonation will have to be granted by the Supreme Court of Appeal (SCA),” the three judges said.

Both Outa and Saapa  had approached the courts over her tumultous tenure at the national carrier, accusing her of having had a hand in its collapse.

Myeni argued that she would lose her source of income if she is removed from the boards of other companies while her main appeal is underway. The former SAA chair is also trying to appeal the main delinquency judgment through the Supreme Court of Appeal (SCA).

On 22 December 2020, Judge Ronel Tolmay dismissed Myeni’s application for leave to appeal against the delinquency order itself which was handed down in May.

Outa welcomes Dudu Myeni judgement

Outa has reacted to the recent ruling by the high court and said it would still keep a close watch on the matter as it unfolds.

“We are obviously delighted at this latest order of the court, in what has become a drawn-out affair regarding Dudu Myeni’s delinquency status, for which we have worked long and hard,” said Outa’s Stefanie Fick.

“OUTA is committed to seeing this matter through to the end and now awaits the Supreme Court of Appeal’s decision on Ms Myeni’s appeal petition.”

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