Myeni exercises right to not incriminate herself at state capture commission

The embattled former chair has been advised to appeal a High Court ruling that declared her a delinquent director for life and that matter is before court.

Former SAA board chairperson Dudu Myeni testifying in her delinquency case at the High Court in Pretoria on 20 February 2020. Picture: Sethembiso Zulu/Eyewitness News.

JOHANNESBURG - Former South African Airways (SAA) board chair Dudu Myeni on Wednesday said she was exercising her right to not incriminate herself so she would answer questions of the state capture commission where she could and would also remain silent when she had no answers.

Myeni appeared at the state capture inquiry remotely via video link where she said there was a connection problem from her side.

The embattled former chair had been advised to appeal a High Court ruling that declared her a delinquent director for life and that matter is before court.

She says she wanted to answer once and for all the false accusations that had been made against her.

“I’m in a very difficult position because before me there is a court order directing that I be charged. I am anxious that I am compelled to forgo my constitutional right not to incriminate myself. The court judgment which I have been advised to appeal is before the commission and therefore I would like to exercise my right and answer where I can, but be silent where I can.”

At the same time, Myeni’s lawyers said they were at the commission because they didn’t want to be in contempt and said they would be failing her if they allowed her to answer any questions that may be incriminating.

Myeni accused the Zondo commission of aiding civil organisation Outa and the Pilots Association in their court case against her where she was declared a delinquent director for life.

The embattled former chair said she would only answer questions that weren’t related to SAA.

Deputy Chief Justice Raymond Zondo asked if she would answer other questions on Eskom and Bosasa but her lawyers said she would decide question by question.

“We’d be failing in our duties not to warn our client to say, ‘well, rather you say nothing’. And we don’t want to be contentious of the commission, but we don’t even know what’s she’s been investigated for. It could be issues around Bosasa, it could be a whole lot of issues. So, for the protection of our client, we’ve just said let’s limit what we say.”

Download the EWN app to your iOS or Android device.