Johannesburg – A ruling by the Companies Tribunal will “add weight” to a court application by the Organisation Undoing Tax Abuse (OUTA) to have SAA chairperson Dudu Myeni declared a delinquent director.
On Thursday the Tribunal dismissed Myeni’s application to set aside a compliance notice, issued to her by the Companies and Intellectual Properties Commission (CIPC).
The CIPC issued the compliance notice in November 2016, as Myeni misrepresented a deal with Airbus to the then minister of public enterprises Malusi Gigaba.
Myeni complied with the notice under protest, and she was later issued a compliance certificate. She still chose to challenge the notice, but the tribunal dismissed the application on the grounds that its jurisdiction to review, modify or cancel the compliance notice was removed once the compliance certificate was issued.
OUTA believes the ruling will strengthen its case to have Myeni ousted. The civil organisation filed the application alongside the South African Airways Pilots Association (SAAPA) in March. The bodies argue that the airline has suffered financial loss under Myeni’s watch.
If the order is granted, Myeni will not be allowed to be appointed as a director or executive of any organisation in South Africa for seven years.
"This ruling further confirms her wrongdoing and this now remains on record,” said Ben Theron, OUTA’s chief operating officer.
The Democratic Alliance (DA) joined the chorus to have Myeni leave SAA. Member of Parliament Alf lees said in a statement that the tribunal’s ruling “reinforces” the need for Myeni to be removed from the parastatal.
“There are overwhelming and perfectly valid reasons why Ms Myeni should immediately be removed from the SAA board on which she sits, not only as a director but as the chair of the board,” said Lees.
The DA plans to submit parliamentary questions to the finance minister to find out the details on whether SAA has paid for the costs of the hearing, as well as the costs of Myeni’s legal counsel.Read Fin24's top stories trending on Twitter: Fin24’s top stories