Myeni loses bid to have her name cleared by CIPC

Dudu Myeni chairperson of SAA
Dudu Myeni chairperson of SAA Image: RAYMOND PRESTON
The Companies Tribunal has dismissed a bid by South African Airways (SAA) chairwoman Dudu Myeni to set aside a compliance notice issued against her by the Companies and Intellectual Properties Commission (CIPC).

Myeni had adhered to the compliance notice‚ but wanted it expunged from her record as a director.

Companies Tribunal presiding member Peter John Veldhuizen‚ who read out the decision on Thursday‚ said a compliance notice issued in terms of the Companies Act remained in force until it was set aside by the tribunal or a court.

The CIPC issued the compliance notice to Myeni‚ and she complied with it‚ even though she said this was under protest.

A compliance certificate was then issued in January 2017.

“The tribunal derives its powers from the act‚ which provides that it may inter alia review a compliance notice issued by the respondent [CIPC]‚” Veldhuizen said.

“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.”

Myeni was accused of misrepresenting a board decision about the purchase of 10 aircraft from Airbus in 2013.

She told Malusi Gigaba‚ the public enterprises minister at the time‚ that the SAA board had resolved to lease two aircraft. But the board resolution had read 10 aircraft would be leased.

After being confronted by the board‚ Myeni wrote to him‚ saying SAA had planned to purchase 10 aircraft.

She was asked to explain herself by the CIPC in November 2016 and was issued with a compliance notice.