Dudu Myeni appeal dismissed: Irritated Judge Tolmay orders trial to begin
Dudu Myeni, it seems, has run out of delay tactics to avoid the gavel.
On Wednesday, the Gauteng High Court ruled on the former South African Airways (SAA) Board Chairperson’s appeal application to overturn the amendments judgment Ronel Tolmay handed down in December 2019.
JUST IN: Judge Ronel Tolmay dismisses 2nd appeal application. This relating to judgment handed down to amendments to plea. With costs for both councils payable in 30 days. #Myeni pic.twitter.com/skCQuEc0QO
— Heidi Giokos (@HeidiGiokos) January 29, 2020
Judge Tolmay is wise to Myeni’s delay tactics
Judge Tolmay’s initial ruling was against the inclusion of other board members in the delinquency charge brought by the Organisation Undoing Tax Abuse (Outa) against Myeni and the South African Airways Pilots Association (SAAPA)
Reports from the courtroom, updated by renowned journalist Heidi Giokos, indicated that Myeni’s legal team had attempted to stall the trial by introducing a member of SACCA who apparently wanted to submit a statement on the merits of the case.
However, Judge Tolmay, visibly irritated, threw the application out of court, stating that if the defence had notice of this person from 2017, ample time was given to present this information.
WATCH: Adv Buthelezi trying to persuade the Judge as to why a Cabin Crew Association member should be heard. Judge is scathing and says no more delays and an application should be brought forward. Trial has finally begun. #Myeni pic.twitter.com/GjNkmwcZhp
— Heidi Giokos (@HeidiGiokos) January 29, 2020
Tolmay scoffed the defence’s request as another delay tactic and she ordered the trial to begin.
Judge Tolmay has made it clear the trial will go on. Adv Steinberg who is acting on behalf of OUTA and SAPA is now giving an opening statement as to why they believe #DuduMyeni should be declared as a delinquent director and why SAA is in financial distress.
— Heidi Giokos (@HeidiGiokos) January 29, 2020
Why is Dudu Myeni in court for delinquency?
Outa, together with the SAA Pilots Association (SAAPA), have sought this case for two years. The two groups approached the courts in March 2017 and filed an application to declare Dudu Myeni a delinquent director.
In legal terms, the latter refers to “errant company directors who fail to comply with the obligations set out in the Companies Act, 2008.”
According to Werkmens Attorneys, a director may be deemed as delinquent by a court of law if:
- such director has consented to serve as a director whilst ineligible or disqualified under the Act or whilst under a probation order in terms of the Act or the Close Corporations Act and acted in a manner that contravened that order;
- grossly abused the position of a director;
- intentionally, or by gross negligence, inflicted harm upon the company or a subsidiary of the company, contrary to the provisions of the Act; and
- acted in any manner that amounts to gross negligence, wilful misconduct or breach of trust in relation to the performance of such director’s duties
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