Johannesburg, 19 September 2012. The Supreme Court of Appeal today (Wednesday 19 September 2012) threw out procedural objections by former SAA CEO Khaya Ngqula, clearing the way for the North Gauteng High Court to hear SAA’s multimillion rand claims against him.
Making his ruling on Mr Ngqula’s appeal, Judge Jonathan Heher said his order to remove the objection from the roll was not appealable. The range of civil claims that are being pursued in the High Court against Mr Ngqula were initiated by the SAA Board in 2010. They form part of the Board’s determination to fulfil its Public Finance Management Act (PFMA) obligations, to reinforce good governance and to eradicate financial and other malpractices.The PFMA rightly requires public enterprises like SAA to exercise a duty of utmost care in protecting the assets and public money entrusted to them and this includes recovering money that has been spent without authority. Nobody within SAA enjoys immunity from the law and the rules of good governance, whatever their position in the airline.
The claims against the former CEO follow a forensic investigation carried out by KPMG in 2009. The forensic investigation clearly indicated that there is a case to answer, and we have every confidence that the courts will weigh the evidence and come to the correct conclusion.