Dudu Myeni. Picture: SUPPLIED
Dudu Myeni. Picture: SUPPLIED

Former SAA chair Dudu Myeni suffered another blow in court on Tuesday when her application for leave to appeal a decision that the Organisation Undoing Tax Abuse (Outa) has legal standing to bring a delinquent director case against her was dismissed.

The high court in Pretoria also ordered that Myeni, who pleaded poverty last year, pay costs for Outa and the SAA Pilots Associations (Saapa). 

In March 2017, Outa and Saapa filed an application to declare Myeni a delinquent director, arising from her actions as SAA chair from December 2012 to October 2017. 

If she is declared a delinquent director she will be blocked from holding any position as a director in the future. 

Myeni, an ally of former president Jacob Zuma, was appointed to the SAA board in 2009 and was replaced in October 2017. She is regarded as being instrumental in the collapse of the airline. 

Dudu Myeni was taken to court by civil rights group Organisation Undoing Tax Abuse for alleged misconduct during her time at SAA. She appeared at the Palace of Justice in Pretoria on February 20 2020. The aim of the case is to have Myeni declared a delinquent director in terms of the Companies Act.

Myeni has tried everything to either stop the case against her from going ahead or delay proceedings. Last year, when the case finally got underway, Myeni did not appear in court, saying she could not afford the transport from KwaZulu-Natal to Pretoria.

At the time it was also revealed that Myeni’s lawyer had earlier dropped her because there were no “financial instructions”. 

After this, Myeni lodged two applications in the high court in Pretoria asking it to amend the plea she made in July 2017, and that 28 other SAA directors be joined to the case.

Both applications were dismissed in December.

She also argued that Outa had no standing to bring the case against her, however, judge Ronel Tolmay said it was allowed to.

Myeni’s legal team is now arguing for a stay of proceedings so that she can approach the Supreme Court of Appeal.

quintalg@businesslive.co.za