The Organisation Undoing Tax Abuse (Outa) has gone to court to have her sequestrated over non-payment of just more than R6-million in cost orders.
The orders flow from Myeni’s failed legal challenges to the delinquency case that Outa and the SAA Pilots’ Association brought against her and won after a drawn-out court battle.
She owns a R3-million home and four vehicles are registered in her name, all of which would go a long way towards settling with creditors in the event she is sequestrated. A proper investigation of Myeni’s affairs may discover or recover assets for the benefit of creditors as well as cash reserves, Fick says.Myeni, once one of the most powerful executives in the country because of her close relationship with Zuma, is out on bail of R10,000 after her recent arrest in connection with fraud and corruption charges linked to the Bosasa subsidiary Sondolo IT.
Dudu Myeni, at the time the chairperson of South African Airways, attends the announcement of the state-owned enterprise’s annual financial results for the 2013/14 financial year in February 2015 in Kempton Park. She was later found to be a delinquent director for life by the high court. Outa, in collaboration with the SAA Pilots’ Association, brought the delinquency application owing to Myeni’s conduct as non-executive director and chair of the embattled airline between 2012 and 2017.
Although she failed to attend the trial despite repeated warnings from the court that this may compromise her defence, she unsuccessfully tried to appeal, first at the Gauteng Division of the High Court in Pretoria and later at the Supreme Court of Appeal . In November that year, the Sheriff of the Court tried to serve the three writs on Myeni, but an employee said she had not been home for two weeks.
The high court, she says, had declared her a delinquent director in terms of section 162 of the Companies Act, and she believes therefore that she is still entitled to legal cover from SAA’s insurer. Outa will probably deal with this claim in its replying papers. On Friday, 13 October, the Sheriff of Lower Umfolozi is scheduled to conduct a sale in execution at Myeni’s home in Richards Bay.
The debt stems from Myeni’s failed legal challenge against a compliance notice that the Companies and Intellectual Property Commission issued to her in 2017. A few months after the Department of Justice obtained the writ in 2018, the Sheriff was instructed to attach Myeni’s goods as part of the recovery efforts.It turned out that the attached goods had remained at Myeni’s home because the Sheriff had received no further instructions on whether to remove the goods or to sell them.
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