Johannesburg - Former SAA board chairperson Dudu Myeni looks set to stall her trial yet again via a last-minute bid to quash the application lodged by Outa and SAA Pilots Association (SAAPA) to declare her a delinquent director.
Myeni, whose matter resumes in court on Monday, recently pulled a surprise move when she lodged an appeal against the ruling of Judge Ronel Tolmay of the North Gauteng High Court in Pretoria, who found that Outa was acting in the public interest when it filed the application for Myeni to be declared a delinquent director.
In appeal papers filed last Tuesday, Myeni argued that 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”. She said the judge should have first prioritised her application that Outa did not have legal standing to file against her.
Myeni’s argument followed after the same judge made a prior adverse ruling against her when she tried to expunge an affidavit she made in June 2017 in which she admitted several irregularities in the procurement procedures followed while she was SAA board chairperson.
Myeni also failed in a bid to add fellow board members also facing litigation lodged by Outa and SAAPA.
“It is submitted that another court will find the learned judge erred in hearing the amendments and joinder applications before locus standi,” she said.
However, Myeni’s argument could face a stone wall as Judge Tolmay had remarked about it in her December 12 judgment in favour of Outa.
The judge said: “Ms Myeni initially abandoned this special plea, but later retracted it, and as a result it was decided that the special plea would be argued and determined prior to the commencement of the trial.”
But Myeni in her court papers puts the blame squarely on Tolmay, saying she misdirected herself in hearing first her application to expunge a damning affidavit she made three years ago and her failed application to add other SAA board members who face similar charges lodged by Outa and SAAPA.
Myeni is expected to indicate to the court whether she wants her appeal to be heard before a full bench of the High Court or wants the matter referred to the Supreme Court of Appeal (SCA) in Bloemfontein.
Outa is also likely to question the motive of Myeni’s late application - just days before her case is due for trial.