Tebogo Msimanga |
The former chairperson of the South African Airways (SAA) board, Duduzile Myeni, was expected to appear at the Johannesburg Magistrates’ Court on Wednesday as the matter was set down for the outcome of representations, she lodged with the office of the Director of Public Prosecutions (DPP) in the Gauteng Local Division, Adv. Andrew Chauke.
Gauteng National Prosecuting Authority Spokesperson Phindi Mjonondwane said Myeni was not present in court and her legal team informed the court that her absence was due to a medical condition.
“Advocate Rendani Ndou applied for a warrant of arrest, which will be stayed until her next court appearance on 14 June 2022.”
Mjonondwane said the office of the DPP has decided that prosecution against Myeni should proceed, as the National Prosecuting Authority (NPA) is convinced she has a case to answer against the allegation, that she deliberately disobeyed the order made by the Chairperson of the Commission into State Capture allegations.
On 17 February 2021, the Chairperson of the Commission ordered, amongst other things, that the identity of a witness who was about to testify, should not be disclosed or published. The Chairperson ordered that the said witness should be referred to as “Mr X” during his evidence to the Commission and after his evidence, insofar as the Commission was concerned.
Myeni appeared before the Commission as a witness from 04 to 06 November 2020, when she testified virtually via audio-visual link (Zoom). On 05 November 2020, after being informed that the identity of Mr X was not to be disclosed, Myeni proceeded to mention the name of Mr X, on four successive occasions. After hearing submissions from the legal team of the Commission and Myeni, the Chairperson directed that a criminal complaint be registered with the police.
“This is a clear indication that the NPA will act fearlessly and independently in holding those responsible for alleged transgressions to account. While doing so we follow evidence which guides us on who to prosecute regardless of positions they hold in society.” Explained Mjonondwane.
Myeni made her first appearance at the Johannesburg Magistrates’ Court, on 29 March 2022, and was charged with defeating or obstructing the administration of justice and Contravening the Commission Regulations of the Judicial Commission of Inquiry into allegations of State Capture.