It’s a bit late but thanks for the R118 292

Delinquent director Dudu Myeni has paid the first tranche of OUTA’s legal fees.

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27/11/2020 09:00:24

                                                                                                                                                                                                                    It’s a bit late but thanks for the R118 292 

                                                                                                                                                                                                                    Dudu Myeni has paid the legal costs for OUTA and the SAA Pilots Association (SAAPA) for her failed applications aimed at blocking the delinquent director ruling. Myeni was declared a delinquent director for life on 27 May 2020.

                                                                                                                                                                                                                    The court had ordered Myeni to pay the OUTA-SAAPA legal costs for the two unsuccessful interlocutory applications she brought in November 2019. She lost both the applications and her belated attempts to appeal them in January 2020. She was ordered to pay the taxed bills of costs for both.

                                                                                                                                                                                                                    The bills were costed on 30 July and 6 August, and were then due for payment within 30 days.

                                                                                                                                                                                                                    Myeni missed the deadline for payment.

                                                                                                                                                                                                                    On 28 September OUTA-SAAPA lawyers sent Myeni’s legal team a final demand for payment within seven days, failing which a warrant of execution would be sought.
                                                                                                                                                                                                                    She missed that deadline too, so the warrant was obtained and last week the Sheriff of the Court moved to seize goods from Myeni to cover the costs.

                                                                                                                                                                                                                    Myeni promised to pay, to stave off the seizure.

                                                                                                                                                                                                                    This week, two payments totaling R118 291.94 were made to the OUTA-SAAPA lawyers. At least one payment was in cash, in R200 notes.

                                                                                                                                                                                                                    Myeni’s applications were two interlocutory matters during the main case. They challenged the court’s refusal to allow her to amend her plea, called for the other SAA board members to be joined to the case to share the blame, and challenged OUTA’s legal standing to bring the case. 

                                                                                                                                                                                                                    Myeni is attempting to appeal the May judgment on delinquency. OUTA-SAAPA are opposing any appeal and have also brought an urgent application for the interim enforcement of the delinquency order, pending any appeal decision. Heads of argument were filed in September and the hearing was on 17 November. Two days before the hearing, Myeni applied bring in new evidence. These matters are now under consideration.

                                                                                                                                                                                                                    Myeni was also ordered to pay the OUTA-SAAPA legal costs in the main matter, but this is suspended pending finalisation of her appeal.

                                                                                                                                                                                                                    Background information

                                                                                                                                                                                                                    More information on the declaration of delinquency on 27 May 2020 is here.
                                                                                                                                                                                                                    More information on the interlocutories is here and the judgments in the interlocutories are here.
                                                                                                                                                                                                                    The delinquency judgment of 27 May 2020 is here.
                                                                                                                                                                                                                    More information on the case is here.

                                                                                                                                                                                                                    Picture: OUTA

                                                                                                                                                                                                                    OUTA is a proudly South African civil action organisation, that is purely crowd funded. Our work is supported by ordinary citizens who are passionate about holding government accountable and ensuring our taxes are used to the benefit of all South Africans.