Johannesburg - Former SAA board chairperson Dudu Myeni suffered yet another crushing blow on Wednesday when the North Gauteng High Court in Pretoria dismissed her appeal to declare a damning affidavit she made two years ago inadmissible.
Last December, Myeni made a failed bid to expunge the damning affidavit from forming part of the court proceedings in which Outa and the SAA Pilots Association (SAAPA) asked the court to declare Myeni a delinquent director. This was for her alleged role in the abuse of procurement processes while she was the executive director and subsequently chairperson of the SAA board.
Outa and SAAPA, in their court papers, allege that SAA lost billions through improper business deals concluded by Myeni and other board members. According to the two entities, Myeni is the “main culprit” who allegedly appointed “middlemen” for exclusive SAA deals.
In her affidavit, Myeni admitted to several irregularities in the procurement processes while she was chairperson but failed in her bid to expunge the affidavit.
The court ruled on December 2, 2019 that Outa and SAAPA could use the affidavit against her.
On Tuesday, Myeni’s legal counsel, Nqabayethu Buthelezi, lodged an application before Judge Ronel Tolmay asking permission to file condonation papers that could allow Myeni to appeal the December 2 ruling.
Judge Tolmay rejected the application for condonation, saying Myeni filed her papers late. Her deadline to appeal was on December 24, but she only filed her papers on Tuesday.
Judge Tolmay also rejected a call by Myeni’s counsel to allow Mpho Maile of the South African Cabin Crew Association (SACCA) to address the court in support of Myeni’s bid to stay the civil proceedings against her.
The judge ordered SAACC to file an application for intervention in the case before she could hear their union’s version.
Myeni suffered a third blow when Judge Tolmay ordered Outa and SAAPA to lead their evidence against her despite vociferous attempts by advocate Buthelezi to stall the hearing of the trial.
Buthelezi indicated to the court that he wants to approach the Supreme Court of Appeal to challenge Judge Tolmay’s rulings when she dismissed Myeni’s two appeal applications. But the court would have none of it.
Advocate Carol Steinberg is now leading damning evidence against Myeni in her opening address.