Dudu Myeni responds to the Companies Tribunal

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I have been furnished with a copy of the decision handed down by the Companies Tribunal this afternoon.

The Tribunal concluded that it is not able to review and set aside the decision by the Commissioner even if there are grounds to impugn it (paragraph 12.5).

I am surprised to note that the Tribunal refers only to the argument advanced by the Commissioner and does not mention, even in passing, the case made out by me.

In very simple terms, the background to the matter is that the Commissioner had issued a compliance notice to me, on grounds which were entirely irregular in my submission, and threatened criminal prosecution against me if I did not comply with its compliance notice.

The compliance notice was a nullity and irregular.

The Companies Tribunal did not address these issues but held that as I have provided a copy of the compliance notice to the Minister of Finance and the Board of SAA, I had in law complied with the compliance notice and the compliance certificate which was issued ended the matter and the Tribunal had no authority to review the Commissioner’s findings.

I took issue with the basis for the finding by the Commission that I had contravened the Companies Act but I nevertheless forwarded copies of the notice to the Minister and the Board, as required in terms of the compliance notice. However, I did so under protest and specifically reserved my right to bring a review application to the Tribunal to challenge the decision by the Commission.

There is authoritative case law for the proposition that unlawful administrative conduct does not become moot, as the question whether the authorities acted lawfully remains a “live issue”. This was made clear by the Supreme Court of Appeal in the cell phone signal jamming case [Primedia (Pty) Limited and Others v Speaker of the National Assembly and Others 2017 (1) SA 572 (SCA)], the Dalai Lama visa case [Buthelezi and Another v Minister of Home Affairs and Others 2013 (3) SA 325 (SCA)], and the Al Bashir case [Minister of Justice and Constitutional Development and Others v Southern Africa Litigation Centre and Others 2016 (3) SA 317 (SCA)]. In all those cases the court emphasised that unlawful administrative action must be set aside and the court retained its jurisdiction to review the matters as the question whether the authorities had acted lawfully remains a “live issue”.

In fact, in a recent decision in a matter exactly on point by the National Consumer Tribunal, this very principle was endorsed.

In its judgment today the Companies Tribunal simply states, without providing any reasons, that it disagrees with the National Consumer Tribunal.

It is trite law that a person whose rights have been materially and adversely affected by administrative action, as mine were and are, is entitled to reasons for the administrative action. The Commission failed to provide reasons and only provided them when it was forced to do so by my review application. The Commission’s answer to my review application shows that its procedure in issuing the notice was irregular and unlawful. Prior to the issuing of the compliance notice I was never told what provisions of the Companies Act I was alleged to have contravened, and I was never given an opportunity to provide an explanation to defend myself against the alleged contraventions.

I wish to point out that the I did not intentionally mislead the Minister of Public Enterprises. My misstatement to the Minister was an honest error which was corrected immediately thereafter, more than a year before the complaint to the Commission was lodged.

I reiterate that at all times I had acted in accordance with my obligations as required by the Companies Act, in good faith, for a proper purpose and in the best interests of SAA.

DUDU MYENI 29 June 2017

4 Comments on "Dudu Myeni responds to the Companies Tribunal"

  1. Ms. Myeni, just like other Agents of Change, the WMC is unhappy with you and will not rest until they get rid of you just like they did Brian Molefe, like they did Hlaudi Motsoeneng, we sympathize with you my sister. Be strong.
    What I can advise you to do is, expose as much corruption by WMC in SAA with evidence as you can. Open as many Criminal Charges against these criminals as you can.
    Take them to court, we (progressive people of South Africa) will support you.
    I have noticed that, they are now after you and the Public Protector.
    I urge all progressive people of South Africa in the form of readers and followers of ‘Uncensored Opinion’, Readers and followers of ‘Weekly Epose’, BLF, the ANCYL and all other forces fighting the evil of WMC to support these Sisters.
    The problem is that, the ANC which is the ruling party is froth with Greedy Capitalists who so captured by White Monopoly Capital that they can even sell out their own families rather than protect people who are fighting this evil.
    We now hear that some contracts in the SAA are signed in Miami in the USA and our SARB is now printing money in Germany. Why is that?
    The SAA office in Miami and the money printed in Germany wouldn’t those be job opportunities for South Africans.
    It is also said that the Company (Anglo Gold Ashanti) of WMC Man making noise with his Save South Africa is going to retrench thousand of Workers. The South African Breweries has been sold to overseas owners.
    You can see that, these are well orchestrated moves aimed at weakening the Blackman’s government.
    And there are those naïve ones in the ruling party who think that by vouching for WMC, they will be exempted from vilification the day they become government leaders (Presidents and Ministers). Well, I am afraid, they got it all wrong.
    WMC does not want a black government. There is a lot of things going wrong in the Western Cape, for instance people burning in the shacks every winter. Have you ever heard them complaining about that? No! Instead they will protect Madam Zille or Choose to ignore the story altogether.
    Have you ever heard them complaining about the money they looted at ABSA? It will be plain stupid to expect that because they will never expose themselves in their own Fake News Media Houses. Instead they are diverting the attention from real issues by coming with stories like Gupta e-mails. Since when is communicating by e-mail has become a crime in South Africa? and since when has some people who own media houses have to choose for the president who his friends should be? The last time I checked the right of association was not deleted from our constitution.
    The last time I checked our laws I found out a person is presumed innocent until he is found guilty by the court of law.
    The ANC is too conflicted and cannot protect its own people. Yes, there are good people in the governing party who want to economically empower black people, like the President, Mosebenzi Zwane, Des Van Rooyen, Naledi Pandor, Nkosazana Dlamini Zuma, Nomvula Mokonyane and others but they are overpowered by the greedy capitalists within the party.
    I think as people, like I mentioned above, we need to organize and take the fight to the enemy ourselves.
    Boycott their businesses, organize work stay-aways like we did in the apartheid years.
    Aluta Continua!

  2. I salute our sister (Dudu) who is under constant and extreme hounding and torment by WMC (I don’t know why I even write it in CAPS as if I pay respect to it) and its surrogates in and outside our movement the ANC. She must be courageous and press on to inflict and make a serious dent on the enemy.

  3. I am very disappointed that the people who are representing ANC in the so called Parliamentary Oversight Committees.
    I don’t know what is the ANCs criteria of placing people in these committees but, what i have noticed is that, these people are out of their depth, incompetent, foolish DAs yes men and women
    That is why the decisions to fire Motsoening and Brian Molefe were so easily made. Those are DAs decisions.
    That is why the looting at the SAA goes unhindered.
    DA will never question this crime by its owners who happened to be White Monopoly Capitalists.
    And so the ANC MPs won’t question it as well. They don’t think, they are influenced by the DA. Questions which are not asked by the DA are not asked at all.
    Shame on you ANC Parliamentary Committee Members, you are out of your depth.

  4. ANC must, and I say must. Must send strong and brave people to these Parliamentary Oversight Committees and not Paper Tigers who are like Julius Malema and Terror Lekota. Or else it will Surely loose Power come 2019.
    People need people they can trust that they are fighting on their behalf.
    But now, I am not even sure who is this ANC which is fighting amongst itself and which we are always voting is representing.

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