SAA Airbus Deal: The Companies Tribunal has dismissed embattled South African Airways (SAA) Chair, Dudu Myeni’s application to set aside a compliance notice issued against her by the Companies and Intellectual Properties Commission (CIPC).
Last week, Dudu approached the Tribunal, requesting it to overturn the compliance notice. The notice was issued to her in November 2016 by CIPC after it found that she had misrepresented an SAA board decision, back in 2013.
Dudu cited in her application that she had always wanted to appeal the notice despite complying with it. But the tribunal insisted that it has no jurisdiction over the matter since she had complied with the notice and a compliance certificate issued.
Reading out the Companies Tribunal’s decision on Thursday, presiding member Peter John Veldhuizen, buttressed that the compliance notice (issued in terms of the Companies Act) remains in force until it is set aside by the tribunal or a court.
Veldhuizen said: “The tribunal derives its powers from the act‚ which provides that it may inter alia review a compliance notice issued by the respondent [CIPC]. The compliance notice remains in force until a compliance certificate is issued. Therefore‚ once a compliance certificate is issued‚ the jurisdiction of the tribunal is ousted.”
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In 2013, Dudu Myeni had told the then Public Enterprises Minister Malusi Gigaba that the SAA board had resolved to lease two aircraft whereas the board’s resolution was to lease 10 aircraft.
She later wrote to Gigaba, telling him that SAA had planned to purchase 10 aircraft. This was after the SAA confronted her.
Dudu was then asked to explain herself by the CIPC and was issued with a compliance notice. The ‘misrepresentation’ is said to be in contravention of the Companies Act because she had ‘acted in a manner materially inconsistent with the duties of a director’.
The Companies Tribunal dismissed Dudu’s application with costs.