The case around Dudu Myeni’s declaration as a delinquent director was back in court on 19 November for three related applications. Myeni applied to appeal the court’s judgement and to introduce new evidence, while OUTA and the SAA Pilots’ Association (SAAPA) asked the court for an interim enforcement order of the delinquency judgment instead of it being suspended pending the outcome of her appeal. This application also raises the question of the constitutionality of the relevant section of the Superior Courts Act which suspends judgments pending appeals. Judgement was reserved.

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.

This means 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. 

The case was heard on 19 and 20 November by Judge Tolmay, and we will keep you posted on the outcome. 

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.