Dudu Myeni. Picture: Bheki Radebe
Dudu Myeni. Picture: Bheki Radebe

Dudu Myeni slams judgment declaring her a delinquent director

By Baldwin Ndaba Time of article published May 28, 2020

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Former SAA boss Dudu Myeni has launched a scathing attack on North Gauteng High Court Judge Ronel Tolmay who declared her a delinquent director and also questioned the judge’s decision to refer her findings to the National Prosecuting Authority (NPA) for a decision on a criminal prosecution.

In her reaction to the judgment, Myeni in a statement said she committed no criminal action to warrant a prosecution by the NPA. Myeni has vowed to appeal the entire judgment.

“The judgment then makes a ruling that this case needs to be referred to the National Prosecuting Authority for investigation but does not state why. There was no evidence of any criminal conduct on my part and there is no mention of any criminal conduct by me in the judgment but the judgment inexplicably arrives at that ruling."

“I am more confident than ever that I will be vindicated in the end," she said.

Myeni further said she viewed the judgment as but another of the hurdles she will have to overcome in the struggle for radical economic transformation in South Africa.

"I am not the first or the last black person to be attacked in this way by agents of the colonial project. My resolve to keep fighting for an all inclusive economy is now stronger than ever and I believe that justice shall prevail in the end,” Myeni said. 

She further highlighted that she had vehemently challenged the legal standing of Outa to bring a case under Section 162 of the Companies Act but the court court dismissed her challenge.

According to Myeni, Judge Tolmay had failed to give reasons for dismissing her application against Outa.

“The judgment is silent on this issue thereby creating a precedent that parties who are not allowed in law to bring delinquency applications may now do so,” she said.

Myeni also vowed to appeal against the damning ruling against her including a decision that she was responsible for blocking the R1.5 billion deal between SAA and Emirates.

“During the hearing, I stated that all my actions and decisions as chairperson of the board of SAA were at all times carried out in the best interest of the airline and the transformation imperatives of the country.

“My legal counsel has advised me to appeal this judgment and is confident in my prospects of success in the appeal on the grounds that: “The basis of the case brought against me was that I had acted on instructions from former President Zuma in blocking the Emirates MOU,” Myeni said.

She also said the judgment did not make such a finding but had instead stated that it was immaterial to prove this allegation.

“The case I had come to answer was about that specific point. The point was not proven and the judgment instead focuses on evidence that was outside the case brought before court.

“The judgment still finds that I blocked the Emirates MOU when my evidence and the documents before court showed the board resolution of 10 July 2016 signed by myself wherein the board clearly stated that it is satisfied with the contents of the Emirates MOU and that it was for the Executive members to implement,” she said.

Myeni said the judgment had failed to acknowledge any of the “glaring contradictions and false statements” that emerged from several witnesses.

“Instead the judgment calls the witnesses reliable when the record clearly shows them to be telling untruths and tailoring their evidence. "

She also said that the judgment totally “misinterprets Section 49 and Section 54 of the Public Finance Management Act by incorrectly concluding that the Accounting Authority of SAA was the Chairperson when the correct position is that The Board is the Accounting Authority.”

According to Myeni, the chairperson was merely the signatory on behalf of the board.

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