Close Menu
TechCentralTechCentral

    Subscribe to the newsletter

    Get the best South African technology news and analysis delivered to your e-mail inbox every morning.

    Facebook X (Twitter) YouTube LinkedIn
    WhatsApp Facebook X (Twitter) LinkedIn YouTube
    TechCentralTechCentral
    • News
      Karooooo's growth bet pays off with record subscriber haul - Zak Calisto

      Karooooo’s growth bet pays off with record subscriber haul

      16 July 2026
      SpaceX

      SpaceX shares slide below listing price

      16 July 2026
      How Amazon outmanoeuvred Starlink in South Africa

      How Amazon outmanoeuvred Starlink in South Africa

      15 July 2026
      Amazon Leo all set for South African launch - From left, Maziv CEO Dietlof Mare, communications minister Solly Malatsi, Herotel CEO Van Zyl Botha and Amazon's David Zapolsky

      Amazon Leo all set for South African launch

      15 July 2026
      SpaceX is the Dutch East India Company of the space age

      SpaceX is the Dutch East India Company of the space age

      15 July 2026
    • World
      Swingeing jobs cuts at Microsoft's Xbox unit

      Swingeing jobs cuts at Microsoft’s Xbox unit

      6 July 2026

      SK Hynix ends Samsung’s 26-year reign at the top

      22 June 2026
      Google on the hook for what its AI tells users, court rules

      Google on the hook for what its AI tells users, court rules

      15 June 2026
      How Russians juggle VPNs to outwit the Kremlin

      How Russians juggle VPNs to outwit the Kremlin

      15 June 2026
      Amazon CEO flagged Anthropic AI risks to Washington - Andy Jassy

      Amazon CEO flagged Anthropic AI risks to Washington

      14 June 2026
    • In-depth
      AI boom sparks rally, frenzy and fear

      AI boom sparks rally, frenzy and fear

      11 June 2026
      Every plug-in hybrid on sale in South Africa, ranked by price - Lamborghini Temerario

      Every plug-in hybrid on sale in South Africa, ranked by price

      7 June 2026
      What Wi-Fi 8 will mean for wireless networks

      What Wi-Fi 8 will mean for wireless networks

      1 June 2026
      Alfa's electric rebel - Alfa Romeo Junior Elettrica Veloce

      Alfa’s electric rebel

      29 April 2026
      Africa switches on as Europe dims the lights

      Africa switches on as Europe dims the lights

      9 April 2026
    • TCS
      Watts & Wheels S1E7: 'Ferrari's EV breaks the internet'

      Watts & Wheels S1E7: ‘Ferrari’s EV breaks the internet’

      8 July 2026
      TCS+ | How Tracker is turning vehicle data into business strategy - Silvia Schollenberger

      TCS+ | How Tracker is turning vehicle data into business strategy

      1 July 2026
      TCS+ | IBM Bob: an AI-powered 'development partner' for the enterprise - David Spurway

      TCS+ | IBM Bob: an AI-powered development partner for the enterprise

      30 June 2026
      Watts & Wheels S1E6: 'A flawless Alfa and a bakkie that divides'

      Watts & Wheels S1E6: ‘A flawless Alfa and a bakkie that divides’

      17 June 2026
      Watts & Wheels S1E6: 'A flawless Alfa and a bakkie that divides'

      Watts & Wheels S1E5: ‘A Bentley of the bush and a car that swims’

      8 June 2026
    • Opinion
      The author, Fanie van Rooyen

      South Africa can still catch the AI wave – here’s how

      7 July 2026
      The author, Fanie van Rooyen

      The AI utopia South Africa can’t afford

      1 July 2026
      The author, Jannie van Zyl

      South Africa’s broadband future is being decided in orbit, not in Pretoria

      30 June 2026
      The author, Pambos Soteriades

      The pivot South Africa’s MVNOs cannot afford to miss

      23 June 2026
      Brazil's online gambling crackdown is a lesson for South Africa

      Brazil’s online gambling crackdown is a lesson for South Africa

      22 June 2026
    • Company Hubs
      • 1Stream
      • Africa Data Centres
      • AfriGIS
      • Altron Digital Business
      • Altron Document Solutions
      • Altron Group
      • Arctic Wolf
      • Ascent Technology
      • AvertITD
      • BBD
      • Braintree
      • CallMiner
      • CambriLearn
      • CM Telecom
      • Contactable
      • CYBER1 Solutions
      • Digicloud Africa
      • Digimune
      • Domains.co.za
      • ESET
      • Euphoria Telecom
      • HOSTAFRICA
      • Incredible Business
      • iONLINE
      • IQbusiness
      • Iris Network Systems
      • Kaspersky
      • LSD Open
      • Mitel
      • NEC XON
      • Netstar
      • Network Platforms
      • Next DLP
      • Ovations
      • Paracon
      • Paratus
      • Q-KON
      • SevenC
      • SkyWire
      • Solid8 Technologies
      • Telit Cinterion
      • Telviva
      • Tenable
      • Vertiv
      • Videri Digital
      • Vodacom Business
      • Wipro
      • Workday
      • XLink
    • Sections
      • AI and machine learning
      • Banking
      • Broadcasting and Media
      • Cloud services
      • Contact centres and CX
      • Cryptocurrencies
      • Education and skills
      • Electronics and hardware
      • Energy and sustainability
      • Enterprise software
      • Financial services
      • HealthTech
      • Information security
      • Internet and connectivity
      • Internet of Things
      • Investment
      • IT services
      • Lifestyle
      • Policy and regulation
      • Public sector
      • Retail and e-commerce
      • Satellite communications
      • Science
      • SMEs and start-ups
      • Social media
      • Talent and leadership
      • Telecoms
      • Watts & Wheels
    • Events
    • Advertise
    TechCentralTechCentral
    Home » News » MTN moves to have R59bn Turkcell suit thrown out

    MTN moves to have R59bn Turkcell suit thrown out

    By Duncan McLeod30 October 2017
    Twitter LinkedIn Facebook WhatsApp Email Telegram Copy Link
    News Alerts
    WhatsApp

    MTN Group has moved to have Turkcell’s US$4.2bn (R59bn) lawsuit against it thrown out by the high court in South Africa, arguing, among other things, that several previous attempts by its rival, in other forums, to seek redress against the Johannesburg-based mobile operator have failed.

    MTN on Monday afternoon served papers on Turkcell in which it sets out several special pleas. In the pleas, it argues that the court should not entertain its rival’s claims. If these pleas are not successful, the group has vowed to fight the case in South Africa’s courts on its merits, arguing it did nothing wrong in securing an operating licence in Iran.

    The dispute between the companies dates to 2005. Over the years, Turkcell has accused MTN of paying bribes to secure an operating licence in Iran in November 2005. MTN owns 49% of MTN Irancell, that country’s second mobile network operator. Turkcell has claimed it lost out to MTN after the latter paid bribes and other inducements to secure the lucrative stake. Iran is one of MTN’s most important markets, alongside Nigeria and South Africa.

    Turkcell is also seeking damages from former MTN Group CEO Phuthuma Nhleko and former director Irene Charnley. Both Nhleko and Charnley are expected to file separate pleas in the matter this week

    Turkcell first filed papers in the high court in South Africa in November 2013. In May 2017, the court agreed to hear the matter. The company is also seeking damages from former MTN Group CEO Phuthuma Nhleko (now its nonexecutive chairman) and former director Irene Charnley. Both Nhleko and Charnley are expected to file separate pleas in the matter this week. MTN is represented in the case by Webber Wentzel; Nhleko and Charnley have separate legal counsel. Both executives were intimately involved in the negotiations with the Iranians to secure the Irancell licence.

    Previous attempts by Turkcell to resolve the matter through international arbitration have failed. The company approached the South African courts after a legislative change affected the jurisdiction of a US court from which it had earlier sought relief. It alleged in its application to that court that MTN had conspired with Iranian officials to oust it from the successful consortium that bid for the licence and take its place by promising to use its influence with the South African government so it could procure defence equipment and garner support for its nuclear development programme at meetings of the International Atomic Energy Agency.

    Hoffmann Committee

    Turkcell’s legal challenge comes despite the findings in 2013 of the Hoffmann Committee, appointed by MTN in 2012, which cleared the South African group of wrongdoing in Iran. That committee, chaired by South African-born former senior British jurist Leonard Hoffmann, found there was no conspiracy between MTN and Iranian officials to remove Turkcell from the bidding process. Indeed, the committee found that Turkcell’s allegations were a “fabric of lies, distortions and inventions”.

    It cleared MTN, Nhleko and Charnley of wrongdoing. Lord Hoffmann found that MTN made no payments to South Africa’s then ambassador to Iran, Yusuf Saloojee, and neither Nhleko nor Charnley authorised former MTN Irancell director Chris Kilowan to promise him anything, as Turkcell had alleged. Kilowan’s allegations form the basis of Turkcell’s claims, but the committee found his evidence to be “unreliable”.

    In a statement in June, Turkcell’s executive vice president for legal and regulatory affairs, Serhat Demir, said: “We are delighted that the case is finally coming to trial in South Africa. We believe we have a very strong claim. The South African courts will be able to evaluate the huge amount of evidence we have to support our claim that MTN went to extraordinary lengths to take Turkcell’s rights to the Iranian GSM licence unlawfully.”

    MTN’s group chief legal officer, Michael Fleischer, told TechCentral late on Monday that the group has no interest in seeking an out-of-court settlement with Turkcell, adding that there’s no merit to the claims.

    We will not be bullied, harassed and oppressed in this matter and have every expectation that we will prevail

    The group’s filing on Monday, through the law firm Webber Wentzel, seeks to have the case dismissed. Among other things, it contends that the case violates the act-of-state doctrine in that it calls on a South African court to pass judgment on the decisions of the Iranian government and Iranian state-owned enterprises. In its filing, MTN argued that it is not permissible for a South African court — or any other court outside Iran — to pass judgment on what a sovereign state does in its own country under its own laws.

    In addition, MTN has argued that the matters Turkcell wants to raise in South Africa have already been litigated extensively in other forums, including in arbitration proceedings at the International Chamber of Commerce and at proceedings convened under a bilateral investment treaty between Iran and Turkey — where Turkcell is headquartered.

    MTN said Turkcell is trying to “re-litigate” issues that have already been dealt with in other forums and should not be entertained again by the South African courts. It argued that Turkcell’s claim is “opportunistic, an abuse of the process of the court, baseless and without merit”.

    “We will not be bullied, harassed and oppressed in this matter and have every expectation that we will prevail,” Fleischer said on Monday. Turkcell’s legal counsel will be afforded the opportunity to respond to MTN’s filing in the coming weeks. TechCentral has asked Turkcell to comment on the latest developments.  — © 2017 NewsCentral Media

    Follow TechCentral on Google News Add TechCentral as your preferred source on Google


    Chris Kilowan Irancell Irene Charnley Leonard Hoffmann Michael Fleischer MTN MTN Irancell Phuthuma Nhleko top Turkcell Yusuf Saloojee
    WhatsApp YouTube
    Share. Facebook Twitter LinkedIn WhatsApp Telegram Email Copy Link
    Previous ArticleTransnet distances itself from SAP scandal
    Next Article Apple said to be ditching Qualcomm chips

    Related Posts

    Industry to Icasa: punish municipalities that stall network roll-out

    Industry to Icasa: punish municipalities that stall network roll-out

    13 July 2026
    'Construction mafia and spies': alarm over new Icasa rules

    ‘Construction mafia and spies’: alarm over new Icasa rules

    7 July 2026
    MTN's Ralph Mupita named to new UN AI commission - Ralph Mupita

    MTN’s Ralph Mupita named to new UN AI commission

    6 July 2026
    Company News
    The economy the statistics miss is thriving on Spondo Street - Lesaka Technologies Lincoln Mali

    The economy the statistics miss is thriving on Spondo Street

    16 July 2026
    Biometrics alone won't stop AI-powered fraud - Contactable

    Biometrics alone won’t stop AI-powered fraud

    15 July 2026
    How Paratus and Eutelsat are connecting Southern Africa's mines

    How Paratus and Eutelsat are connecting Southern Africa’s mines

    14 July 2026
    Opinion
    The author, Fanie van Rooyen

    South Africa can still catch the AI wave – here’s how

    7 July 2026
    The author, Fanie van Rooyen

    The AI utopia South Africa can’t afford

    1 July 2026
    The author, Jannie van Zyl

    South Africa’s broadband future is being decided in orbit, not in Pretoria

    30 June 2026

    Subscribe to Updates

    Get the best South African technology news and analysis delivered to your e-mail inbox every morning.

    Latest Posts
    Karooooo's growth bet pays off with record subscriber haul - Zak Calisto

    Karooooo’s growth bet pays off with record subscriber haul

    16 July 2026
    SpaceX

    SpaceX shares slide below listing price

    16 July 2026
    The economy the statistics miss is thriving on Spondo Street - Lesaka Technologies Lincoln Mali

    The economy the statistics miss is thriving on Spondo Street

    16 July 2026
    How Amazon outmanoeuvred Starlink in South Africa

    How Amazon outmanoeuvred Starlink in South Africa

    15 July 2026
    © 2009 - 2026 NewsCentral Media
    Built and maintained by Chronon
    • Cookie policy (ZA)
    • TechCentral – privacy and Popia

    Type above and press Enter to search. Press Esc to cancel.

    Manage consent

    TechCentral uses cookies to enhance its offerings. Consenting to these technologies allows us to serve you better. Not consenting or withdrawing consent may adversely affect certain features and functions of the website.

    Functional Always active
    The technical storage or access is strictly necessary for the legitimate purpose of enabling the use of a specific service explicitly requested by the subscriber or user, or for the sole purpose of carrying out the transmission of a communication over an electronic communications network.
    Preferences
    The technical storage or access is necessary for the legitimate purpose of storing preferences that are not requested by the subscriber or user.
    Statistics
    The technical storage or access that is used exclusively for statistical purposes. The technical storage or access that is used exclusively for anonymous statistical purposes. Without a subpoena, voluntary compliance on the part of your Internet Service Provider, or additional records from a third party, information stored or retrieved for this purpose alone cannot usually be used to identify you.
    Marketing
    The technical storage or access is required to create user profiles to send advertising, or to track the user on a website or across several websites for similar marketing purposes.
    • Manage options
    • Manage services
    • Manage {vendor_count} vendors
    • Read more about these purposes
    View preferences
    • {title}
    • {title}
    • {title}