Dudu Myeni must be made an example that no one is above the law

The conduct of Dudu Myeni, former SA Airways (SAA) chair and close friend of former president Jacob Zuma, as well as his state capture aide, making mockery of our criminal justice system is appalling to say the least.

As if her shameless destruction of our national carrier was not enough, Myeni disregarded the instruction by Chief Justice Raymond Zondo not to identify a witness.

After hearing submissions from his commission’s legal team and those of Myeni, Zondo ordered that criminal charges be laid against Myeni.

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She made her first appearance at the Johannesburg Magistrate’s Court in March and was charged with defeating or obstructing the administration of justice, with alternative counts of contravention of the Commissions Act and contravening the commission regulations of the Zondo commission.

But, yet again, this week she pulled a noshow at the Johannesburg Magistrates’ Court, with her legal team saying she was ill.

But the state would have none of it and, instead, applied for a warrant of her arrest, which will be stayed until her next court appearance, next month.

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Now, many people know that Myeni’s complete disregard for the rules of the commission were not a mistake on her part, but a deliberate move to ridicule and malign the work of the commission.

It is encouraging that the office of the director of public prosecutions has decided that her prosecution on this matter should proceed as the National Prosecuting Authority (NPA) is convinced she has a case to answer to.

It was very clear for all to see that she delibFriday 12 6 May 2022 erately disobeyed the order made by Zondo. In February last year, Zondo had ordered against disclosing the identity of a witness who was about to testify and that the said witness should be referred to as “Mr X” during testimony.

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But Myeni disclosed the identity of the witness not once, not twice, but four times, during her virtual testimony.

This was a deliberate action and now we know from the state capture report why she acted this way; because she allegedly played a key role in the selling of the country to the Guptas.

Now we know, officially, Myeni was not only a meddling and incompetent executive intimidating board members and staff, but also acted with “corrupt intent” during her tenure at SAA.

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South Africans now know that SAA was a hotbed of state capture and, thanks to Myeni, associated itself with companies that benefitted the interests of a select few.

Her behaviour is therefore not surprising, it is befitting for a person appointed chair of the board of SAA despite her underperforming and went on to destroy proper governance practices at the state-owned enterprise.

From the sterling work of the commission that she understandably despises, we know how she created a climate of fear and intimidation and made a series of operational choices at SAA that saw it decline into a shambolic state.

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It is encouraging that the NPA has vowed to act fearlessly and independently in holding those responsible for alleged transgressions to account because the book must be thrown at the likes of Myeni.

For South Africans to have faith in the justice system and the rule of law, Myeni must be made an example of; that no one, regardless of their status, is above the law.

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By Sipho Mabena
Read more on these topics: ColumnsDudu MyeniRaymond ZondoState Capture