Johannesburg - Former SAA board chairperson Dudu Myeni has filed an urgent appeal against the court ruling which found that the Organisation Undoing Tax Abuse (Outa) had a legal right to file an application to declare her a delinquent director.
In December, Myeni’s legal team made an interlocutory application in which they argued that Outa should not be granted leave to pursue their court action against Myeni. They argued Outa was not categorised under Section 162 (2) of the Companies Act.
But Judge Ronel Tolmay, in her ruling delivered on December 12 in the Gauteng High Court, Pretoria, said Outa was representing the taxpayers who partly foot the bill of SAA and they must have an interest in who is appointed as directors and “if such directors fail in their duties, to hold them to account”.
She dismissed Myeni’s application with costs. In her fight back bid, Myeni lodged an appeal on Tuesday this week arguing that Judge Tolmay misdirected herself in her ruling. “The learned judge misdirected herself in deciding to hear and making rulings on the interlocutory application for leave to amend the plea and joinder applications before hearing the special plea of locus standi (legal standing of Outa) by the first plaintiff,” Myeni said.
She said the judge should have first prioritised her application that Outa did not have a legal standing to file against her. The same judge also made an adverse ruling against Myeni when she tried to expunge an affidavit she made on June 19 2017, in which she admitted several irregularities in SAA procurement procedures.