Zondo commission: What to expect when (if) Dudu Myeni appears this week

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Former SAA chairperson Dudu Myeni
Former SAA chairperson Dudu Myeni
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  • Former SAA board chairperson Dudu Myeni is scheduled to appear before the Zondo commission this week.
  • Several witnesses have implicated Myeni in wrongdoing.
  • She, however, says she will exercise her right not to incriminate herself.

Former SAA board chairperson Dudu Myeni looks set to accuse the chairperson of the state capture inquiry, Deputy Chief Justice Raymond Zondo, this week of having "prejudged" her through previous statements he made.

Myeni is due to appear before the commission of inquiry this week.

News24 understands the controversial businesswoman, who has been implicated by previous witnesses at the commission, will raise concerns "with comments or statements that have been made by the chairperson in my absence, almost concluding that I'm guilty of some offences".

Myeni was replaced as SAA chairperson in October 2017.

It's also understood that Myeni will limit her answers to some of the questions provided by the commission in its directive in order to avoid "incriminating" herself.

READ | Agrizzi to implicate Zuma, Jiba in Bosasa scandal

Myeni believes she is entitled to refuse to answer certain questions that relate to matters about which a High Court judgment has already stated she should be investigated or charged.

She is of the view that in a High Court judgment handed down on 27 May 2020, Judge Ronel Tolmay ordered the National Prosecuting Authority (NPA) to consider charging her for issues she was directed to answer by the Zondo commission.

An "apprehensive" Myeni believes the issues the commission requires her to answer are pending before the courts since she lodged an appeal against Tolmay's judgment.

Tolmay declared Myeni a delinquent director for life. However, she can apply – in three years from the date of the order – to have the declaration of delinquency suspended, but she would have to demonstrate she has "sufficiently remedied and rehabilitated her misconduct", Fin24 previously reported.

The application was brought by the Organisation Undoing Tax Abuse (OUTA) and the SAA Pilots' Association (SAAPA).

It's further understood that Myeni may choose to "remain silent" and not answer certain questions put to her.

Myeni has a history of failing to appear for court hearings in her delinquency case.

READ | State capture inquiry: Agrizzi puts Zuma's Dudu Myeni front and centre in Bosasa corruption saga

Former Bosasa executive Angelo Agrizzi previously told the commission Myeni was paid R300 000 monthly by Bosasa.

The money was supposed to be forwarded to the Jacob Gedleyihlekisa Zuma Foundation. According to Agrizzi, the money was always "packed in cash and delivered personally".

He also alleged that on one such occasion, Myeni produced confidential NPA documents and discussed ongoing investigations by the Hawks and NPA with the late Gavin Watson and Agrizzi.

Myeni, the chairperson of Zuma's foundation, has, however, denied the allegations.

Another witness, business consultant Nicholas Linnell, told the commission Myeni was actively involved in the affairs of Eskom, as well as the suspension of the company's senior executives in 2015. The witness said this was due to her close relationship with former president Jacob Zuma, Fin24 previously reported.

ALSO READ | The Myeni connection: Bosasa, Zuma and Dudu Myeni

Linnell was roped in by Myeni to conduct an investigation at Eskom following a number of consultations with her, including a meeting at Zuma's Durban residence in March 2015.

Linnell told the commission Myeni had summoned him to an urgent meeting at Zuma's residence in Pretoria on 6 March 2015.

However, when the former president did not show up, Myeni proceeded to brief him on what needed to be done at Eskom, with regards to the direction of a planned investigation into the management of the power utility, which was at the time battling financial challenges and power outages.

The three executives who were suspended were former CEO Tshediso Matona, then-group capital executive Dan Marokane and then-technology and commercial executive Matshela Koko. A fourth member of the executive, then-finance director Tsholofelo Molefe, was added to the list, Linnell said during the hearing.

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