Myeni's delinquent director challenge takes new shape
Former SAA chairperson Dudu Myeni is seeking leave to introduce new evidence pertaining to the testimony of the airline's former board member, Yakhe Kwinana, at the State Capture Inquiry.
Myeni intends to introduce the new evidence in her appeal against the Gauteng High Court (Pretoria) judgment which declared her a delinquent director.
That ruling came after an application launched in 2017 by the Organisation Outdoing Tax Abuse (Outa) and the SAA Pilots' Association (Saapa), to declare Myeni a delinquent director in terms of the Companies Act, based on her actions while she was chairperson of the SAA board.
In October, notes TimesLIVE, Myeni filed a notice to appeal the judgment. The matter is set down for hearing today and tomorrow.
On Tuesday, Myeni’s lawyers filed a notice of an interlocutory application in which she seeks an order granting her leave to introduce new evidence. She also wants an order granting her condonation for the late filing of the same application.
In her supporting affidavit, Myeni said the new evidence is relevant to the issues to be adjudicated by the court in her appeal. ‘I therefore seek to introduce the evidence of Mrs Kwinana’s testimony at the Zondo Commission as I believe it supports a number of points raised in the leave to appeal application, which include: the learned judge erred in granting the joinder application; and Outa’s claim to act in the public interest is disingenuous given that they acted selectively in deciding against whom to launch delinquency proceedings.’
Based on Kwinana’s evidence, Outa did not make a full disclosure to the court in the joinder application about why they refused to join Kwinana in the case, argues Myeni.
‘There is no escaping the conclusion that Outa had struck some sort of deal with Mrs Kwinana which Outa sought to hold Mrs Kwinana to by ensuring she did not testify as a defence witness in the trial,’ reads Myeni’s affidavit.
Outa, Myeni said, had ‘actively’ concealed the deal it had apparently made with Kwinana.
‘Outa was in fact motivated by their own narrow and selfish political or other agendas which were undisclosed to the court.’
According to TimesLIVE, Myeni said the court deserved to know why, despite evidence that Kwinana and aviation specialist Dr John Tambi were the people leading negotiations with Airbus, they were spared from the delinquency action.
She added: ‘… it is clearly in the interests of justice that the court should exercise its inherent jurisdiction in favour of admitting the new evidence...’
Myeni said she believed that if the court had not been misled by the ‘silence and or concealment’ of relevant information, the outcome of trial action would have been different.
Article disclaimer: While we have made every effort to ensure the accuracy of this article, it is not intended to provide final legal advice as facts and situations will differ from case to case, and therefore specific legal advice should be sought with a lawyer.