Myeni loses second appeal attempt, case gets underway
Today (Wednesday 29 Jan) Dudu Myeni’s team lost their application for leave to appeal against the Pretoria High Court’s refusal to allow them to amend Myeni’s original plea, as it was filed after the deadline for such an application. Myeni’s advocate told the court it was late because Myeni had been travelling extensively in December. Myeni must within 30 days pay the OUTA-SAAPA legal costs on this failed appeal attempt, on an attorney-client scale which is higher than party-party costs.
On Tuesday, Myeni lost an application for leave to appeal against OUTA’s legal standing to bring the case. Myeni must pay OUTA’s legal costs on this within 30 days on the party-party scale.
These appeals were against two of the three interlocutory applications which Myeni brought in November 2019 and lost the following month. The three applications were: to challenge OUTA's legal standing to bring the case; to amend her original plea; and to join other former SAA directors to the case.
While Myeni’s lawyers told the court they now intend to appeal at the Supreme Court of Appeal, Judge Ronel Tolmay said that this would not halt the case.
A shop steward from the South African Cabin Crew Association arrived in the courtroom and tried to intervene on behalf of Myeni; the court said he would have to bring a formal application for intervention.
The case is now underway, with an opening statement today (Wed 29 Jan) from Advocate Carol Steinberg, outlining the case on behalf of OUTA and SAAPA. A copy of her statement is here.
The case is brought by OUTA and SAAPA and aims to declare former SAA chair Myeni to be a delinquent director.
Background on the Myeni case and a running update are here.