The former SAA board chairperson has asked the high court to stop Outa and the SAA Pilots Association from enforcing an order which declared her a delinquent director for life in May last year
FORMER SAA board chairperson Dudu Myeni has resigned from all her board memberships including being the chairperson of the Jacob Zuma Foundation.
This was the submission by Myeni in her urgent application asking the Gauteng High Court in Pretoria to stop Outa and the SAA Pilots Association from enforcing an order which declared her a delinquent director for life in May last year.
Myeni asked the court to find that Judge Ronel Tolmay had erred in her conclusion that Outa and SAAPA had in fact established exceptional circumstances to succeed in their application.
Myeni’s legal counsel advocate Dali Mpofu argued: “Dudu Myeni is no longer a board member or non-executive director of Centlec, a state-owned entity, nor is she a board member of any state-owned entity.
“Myeni’s term as a board member of Centlec ended in November 2020. Accordingly, the fundamental basis for the judgment of Tolmay J has been removed and substantially ameliorated,” Mpofu argued.
He said Judge Tolmay erred in finding that exceptional circumstances existed because of the public interest and based on the findings made in the judgment, saying Myeni was still disputing and continued to dispute the “allegations” that her involvement in the Emirates MOU and the Airbus Swap Transaction demonstrated her failure and disregard to follow principles of corporate governance.
“Her alleged mismanagement of SAA as a state-owned enterprise leading to the order declaring her a delinquent director for the remainder of her life is the subject matter of the proposed appeal in terms of the rules of this honourable court.
“The judge erred in finding that the manner in which Myeni presented her case is a contributing factor that supports a finding on exceptional circumstances and she put an incomplete version to the court,” Mpofu said.
He also said Judge Tolmay erred in finding that no irreparable harm would accrue on Myeni, saying the declaration of the delinquent director for life constituted a prima facie violation of Myeni’s rights as enshrined in section 22 of the Constitution, which provides that “every citizen has the right to choose their trade, occupation and profession freely”.
Mpofu also said there was an impending appeal in the Supreme Court of Appeal against the May 27, 2020 judgment but Outa and SAAPA disagreed.
Outa and SAAPA legal counsel Carol Steinberg argued that Myeni had failed to meet the prescribed time to lodge an appeal in the SCA. Steinberg said Myeni had filed a condonation saying it was not likely to succeed in the SCA.
She appealed to the full Bench of the High Court to dismiss the urgent application.
Judgment was reserved.