Dudu Myeni delinquency case back in court

More attempts to delay the inevitable

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19/11/2020 13:14:27

                                                                                                                                                                                                                    Dudu Myeni delinquency case back in court

                                                                                                                                                                                                                    The case around Dudu Myeni’s declaration as a delinquent director was back in court on 19 November for three related applications: Myeni’s application for leave to appeal; OUTA-SAAPA’s application for interim enforcement of the delinquency order; and Myeni’s application to introduce new evidence.

                                                                                                                                                                                                                    Myeni has applied for leave to appeal the delinquency declaration; OUTA and the SAA Pilots’ Association (SAAPA) are opposing this.

                                                                                                                                                                                                                    OUTA-SAAPA have applied for an interim enforcement order of the delinquency judgment, so this is effective immediately rather than suspended pending the outcome of any appeal process. This application also raises the question of the constitutionality of the relevant section of the Superior Courts Act which suspends judgments pending appeals.

                                                                                                                                                                                                                    The heads of argument in the above matters were filed in September.

                                                                                                                                                                                                                    Myeni has also filed a last-minute interlocutory application, attempting to introduce “recently acquired evidence which is extremely relevant” of former SAA director Yakhe Kwinana’s evidence at the State Capture Commission. Myeni claims that OUTA made a secret deal not to bring delinquency proceedings against Kwinana; OUTA dismisses these allegations and opposes this interlocutory application.

                                                                                                                                                                                                                    “By my count, Ms Myeni has now launched no less than four separate interlocutory applications, three separate applications for leave to appeal, and a host of other unmeritorious technical points, which have all sought to cause maximum disruption, distraction, and delay,” says OUTA director Advocate Stefanie Fick in an affidavit opposing Myeni’s interlocutory application.

                                                                                                                                                                                                                    Myeni’s interlocutory application of 17 November is here. OUTA-SAAPA’s response on 17 November is here.

                                                                                                                                                                                                                    The OUTA-SAAPA heads of argument in Myeni’s application for leave to appeal and OUTA-SAAPA’s application for interim enforcement of the delinquency order are here. Myeni's heads of argument in Myeni's application for leave to appeal and Myeni's response to the interim enforcement of the delinquency order are here

                                                                                                                                                                                                                    The delinquency judgment of 27 May 2020 is here.

                                                                                                                                                                                                                    More information on the case is here.

                                                                                                                                                                                                                    Picture: OUTA

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