Tribunal dismisses Myeni’s application, with costs | Fin24
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Tribunal dismisses Myeni’s application, with costs

Jun 29 2017 13:02
Lameez Omarjee

Johannesburg – The Companies Tribunal has dismissed South African Airways (SAA) chair Dudu Myeni’s application to have a compliance notice issued by the Companies and Intellectual Properties Commission (CIPC) set aside.

The tribunal made the ruling on Thursday.

The CIPC issued the notice to Myeni in November 2016, as she had misrepresented a deal with Airbus to the then minister of public enterprises Malusi Gigaba.

Myeni indicated that the board had resolved to have Airbus supply SAA with two aircraft, instead of 10.

READ: Myeni 'profoundly misleading' on Airbus deal – commission

Myeni’s counsel had challenged the notice, and said she had been forced to comply with it to avoid criminal prosecution.

Myeni’s counsel argued that she made a simple mistake in telling the minister only two aircraft would be financed.

However, the CIPC’s counsel argued that Myeni was fully aware of the circumstances surrounding the deal and that she intentionally misled the minister.

The tribunal dismissed the application on the grounds that Myeni complied with the compliance notice and requested a compliance certificate. Such a notice is in effect until the certificate is issued.

Given that the certificate was issued, the tribunal’s jurisdiction to review, modify or cancel the compliance notice is thrown out. 

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