Companies Tribunal dismisses Myeni's application to set aside compliance notice

The tribunal had issued a compliance notice against Dudu Myeni saying she had conducted herself in a manner that is materially inconsistent with the duties of a director.

FILE: Former SAA board chairperson Dudu Myeni. Picture: GCIS

JOHANNESBURG - The Companies Tribunal has dismissed an application by South African Airways (SAA) Chair Dudu Myeni to have an earlier finding that she did not comply with the law around her duties as a director set aside.

She had asked the commission to set aside its decision to issue a compliance notice because she had misrepresented a decision of the SAA board to then public enterprises minister Malusi Gigaba.

The tribunal had issued a compliance notice against Dudu Myeni, saying she had conducted herself in a manner that is materially inconsistent with the duties of a director.

She had told Malusi Gigaba that the board of SAA had resolved to purchase only two airbus planes.

But the minutes of the meeting showed that the board had actually decided to secure 10 of the planes.

Myeni then asked the board to withdraw the compliance notice against her.

The tribunal has now found that it doesn't have the power to review and set aside a compliance certificate and thus the decision stands and ordered that she pay the costs of the application.

(Edited by Zinhle Nkosi)