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Myeni v Organisation Undoing Tax Abuse and Another (15996/2017) [2021] ZAGPPHC 56

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Myeni v Organisation Undoing Tax Abuse and Another (15996/2017) [2021] ZAGPPHC 56

Myeni v Organisation Undoing Tax Abuse and Another (15996/2017) [2021] ZAGPPHC 56

19th February 2021

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[1]          On 27 May 2020 Tolmay J declared Ms. Dudu Myeni (“the appellant”) to be a delinquent director in terms of section 162(5) of the Companies Act[1] based on the finding that the appellant has seriously misconducted herself during her tenure as the former non-executive chairperson of South African Airways SOC Ltd (“the principal order.”)

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[2]          When Tolmay J made her order declaring the applicant a delinquent director, the order immediately came into operation on the date of the order (27 May 2020) and could be executed.  When the applicant filed her application for leave to appeal on 18 June 2020 – which was well within the prescribed time period for the filing of an application for leave to appeal[2] – the principal order was immediately suspended pending the outcome of the application for leave to appeal.  On 9 July 2020 the respondents (the Organisation Undoing Tax Abuse NPC and the South African Airways Pilots’ Association) filed their counter-application in terms of section 18 of the Superior Courts Act[3] for the enforcement of the principal order pending the outcome of the decision in the application for leave to appeal.

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