- MTN is seeking to appeal a judgement handed down by the Supreme Court of Appeal that would allow Turkcell to bring a matter to court.
- Turkcell believes that MTN engaged in bribery and corruption to secure a tender for a GSM licence in Iran.
- The matter has worn on since 2013 but MTN is fast running out of courts to avoid Turkcell’s challenge.
Telecommunications provider MTN is fast running out of courts with which to appeal a legal case that has been waged for well over a decade.
Following the Supreme Court of Appeal’s ruling earlier this month (PDF) that Turkcell can hold MTN to account in a South African over allegations of bribery and corruption in Iran, MTN has now approached the Constitutional Court.
As a refresher on this decade-long matter, Turkcell has accused MTN of bribing officials in Iran and South Africa to award it a tender that had previously been awarded to Turkcell. The tender included a multi-billion Dollar GSM license in Iran.
Turkcell has said that this appeal is just the latest attempt from MTN to avoid accountability.
“This is the latest attempt by MTN and the other defendants to delay trial. The SCA clearly decided that South African courts have jurisdiction in this matter and unequivocally rejected all of the objections raised by MTN, Phuthuma Nhleko, and Irene Charnley. We remain confident that when the full evidence is presented at trial, it will demonstrate that MTN engaged in corrupt practices to secure the Iranian licence initially awarded to Turkcell,” global counsel for the Iranian firm, Cedric Soule said in a statement.
Turkcell believes that the Constitutional Court should decline to hear MTN’s appeal on the basis of the judgement handed down by the Supreme Court of Appeal.
“After twelve years of procedural delays, Turkcell looks forward to the opportunity to present its evidence in court and seek appropriate redress for the more than US$4.2 billion in damages suffered due to MTN’s alleged misconduct,” Soule added.
Other than MTN, Turkcell is also pursuing legal action against former MTN group chief executive Phuthuma Nhleko and former director Irene Charnley in the same case. It is alleged the pair were deeply involved in negotiations with officials to secure the tender.
How this plays out is ultimately up to the Constitutional Court now, but we’re sure Turkcell is eager to finally argue its case in a courtroom and get a matter it launched all those years ago underway.