Dudu Myeni SAA State Capture

Dudu Myeni. Image: Twitter.com/ Quentin Mtyala

Dudu Myeni: Court dismisses former SAA head’s joinder application

The court threw out Myeni’s plea to have other Board members included in Outa’s charges.

Dudu Myeni SAA State Capture

Dudu Myeni. Image: Twitter.com/ Quentin Mtyala

The case against former SAA chariperson, Dudu Myeni, and the Organisation Undoing Tax Abuse (Outa) was finally heard, on Monday.

Before Judge Ronel Tolay, of the North Gauteng High Court, could preside over the case against Dudu Myeni, she was obliged to rule on an amendments plea made by the ex-chairperson’s defence.

Why is Dudu Myeni in legal trouble?

Outa, together with the SAA Pilots Association (SAAPA), have sought this case for two years. The two groups approached the courts in March 2017 and filed an application to declare Dudu Myeni a delinquent director.

In legal terms, the latter refers to “errant company directors who fail to comply with the obligations set out in the Companies Act, 2008.”

According to Werkmens Attorneys, a director may be deemed as delinquent by a court of law if:

  • such director has consented to serve as a director whilst ineligible or disqualified under the Act or whilst under a probation order in terms of the Act or the Close Corporations Act and acted in a manner that contravened that order;
  • grossly abused the position of a director;
  • intentionally, or by gross negligence, inflicted harm upon the company or a subsidiary of the company, contrary to the provisions of the Act; and
  • acted in any manner that amounts to gross negligence, wilful misconduct or breach of trust in relation to the performance of such director’s duties

Why the court dismissed her application

After months of delays, hampered by Myeni’s refusal to attend court hearings, her defence lodged a joinder application to have the Board members who served her included in the case, since she was apparently led astray by them.

Judge Tolmay, however, threw this out, stating — as reported by eNCA — that Myeni had ample time to bring this motion forth. This, Tolmay continued, is besides the fact that her the merits of her plea were not substantive.

Myeni will have to face the music alone, as she has been accused of plunging SAA into deep financial trouble. If found to be delinquent, Myeni will never be allowed to serve as a director of a South African company for the remainder of her life.