Notes: Declaring directors of state-owned entities delinquent: Organisation Undoing Tax Abuse v Myeni
Declaring directors of state-owned entities delinquent: Organisation Undoing Tax Abuse v Myeni
Author: Rehana Cassim
Affiliations: Associate Professor, Department of Mercantile Law, University of South Africa
Source: South African Law Journal, Volume 138 Issue 1, p. 1-19
This note discusses and critically analyses the judgment in Organisation Undoing Tax Abuse v Myeni  3 All SA 578 (GP), in which the court declared a director delinquent for her lifetime in terms of s 162(5) of the Companies Act 71 of 2008. The basis of the application related to the director’s conduct while she was a nonexecutive director and chairperson of South African Airways SOC Ltd. The judgment is commendable for its strict stance against errant directors of state-owned companies. It is the first delinquency application brought by a party acting in the public interest, and the first judgment to impose a lifelong delinquency declaration on a director.