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High Court hears arguments Myeni flouted governance at SAA

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The High Court in Pretoria has heard that former board chairperson of the South African Airways (SAA), Dudu Myeni, is dishonest, flouted governance procedures and should, therefore, be declared a delinquent director.

That is the argument brought forward by the Organisation Undoing Tax Abuse (OUTA) which took Myeni to court.

OUTA and SAA Pilots Association (SAAPA) approached the High Court in a bid to declare her a delinquent director for life. The organisations accuse Myeni of obstructing key deals and interfering in operational issues.

But her lawyers have described the move as unfair… 

The court heard closing arguments from both parties on Friday. Myeni has been on trial for allegedly trying to stop a deal between SAA and Airbus so she could introduce a middle man.

She is also accused of failing to implement a deal between the airline and Dubai based Emirates with a guaranteed profit of R1.5 billion.

Myeni continued to deny these allegations. She reiterated that all board decisions were collective.

In closing arguments, Myeni’s legal counsel Advocate Nqabayethu Buthelezi argued it was impossible for Myeni to take decisions alone.

“The chairperson on her own had no such powers.  In other words, if she had signed in her capacity as chair it would have changed nothing because it needed board approval and if the board approved in the alternative and she refused to sign, same outcome. She had no special power of her own. So this allegation departs from a very flawed premise that presupposes that the chairperson had this authority to act singularly.”

However, OUTA is not convinced. It says under cross-examination, Myeni misrepresented facts and failed to account. Legal Counsel Carol Steinberg says Myeni’s submission that she should be charged along with other board members is wrong in law and in principle.

“In her actions and importantly in these proceedings, Ms Myeni, has repeatedly shown gross dishonesty. She’s shown absolutely no contrition or remorse. At no point did she concede that she had done anything wrong. Perhaps most galling of all is to keep saying you can’t hold me accountable because of a collective and unless and until Ms Myeni understands that in law you can’t hide behind a collective. She’s simply not fit to be a board member.”

Myeni’s attorney, Daniel Mantsha says the country stands to lose a highly experienced individual should she be found a delinquent director.

“I think those who know her and the evidence which has been led before this court, she’s a very capable woman, she’s a very experienced woman, and she’s very knowledgeable in terms of business, in terms of governance in public and private sector.”

In the video below, Myeni earlier this week took to the stand and said former President Jacob Zuma played no part in her appointment at the airline: 

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