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
      Big Microsoft 365 price increases coming next year

      Big Microsoft price increases coming next year

      5 December 2025
      Vodacom to take control of Safaricom in R36-billion deal - Shameel Joosub

      Vodacom to take control of Safaricom in R36-billion deal

      4 December 2025
      Black Friday goes digital in South Africa as online spending surges to record high

      Black Friday goes digital in South Africa as online spending surges to record high

      4 December 2025
      BYD takes direct aim at Toyota with launch of sub-R500 000 Sealion 5 PHEV

      BYD takes direct aim at Toyota with launch of sub-R500 000 Sealion 5 PHEV

      4 December 2025
      'Get it now': Takealot in new instant deliveries pilot

      ‘Get it now’: Takealot in new instant deliveries pilot

      4 December 2025
    • World
      Amazon and Google launch multi-cloud service for faster connectivity

      Amazon and Google launch multi-cloud service for faster connectivity

      1 December 2025
      Google makes final court plea to stop US breakup

      Google makes final court plea to stop US breakup

      21 November 2025
      Bezos unveils monster rocket: New Glenn 9x4 set to dwarf Saturn V

      Bezos unveils monster rocket: New Glenn 9×4 set to dwarf Saturn V

      21 November 2025
      Tech shares turbocharged by Nvidia's stellar earnings

      Tech shares turbocharged by stellar Nvidia earnings

      20 November 2025
      Config file blamed for Cloudflare meltdown that disrupted the web

      Config file blamed for Cloudflare meltdown that disrupted the web

      19 November 2025
    • In-depth
      Jensen Huang Nvidia

      So, will China really win the AI race?

      14 November 2025
      Valve's Linux console takes aim at Microsoft's gaming empire

      Valve’s Linux console takes aim at Microsoft’s gaming empire

      13 November 2025
      iOCO's extraordinary comeback plan - Rhys Summerton

      iOCO’s extraordinary comeback plan

      28 October 2025
      Why smart glasses keep failing - no, it's not the tech - Mark Zuckerberg

      Why smart glasses keep failing – it’s not the tech

      19 October 2025
      BYD to blanket South Africa with megawatt-scale EV charging network - Stella Li

      BYD to blanket South Africa with megawatt-scale EV charging network

      16 October 2025
    • TCS
      TCS+ | How Cloud on Demand helps partners thrive in the AWS ecosystem - Odwa Ndyaluvane and Xenia Rhode

      TCS+ | How Cloud On Demand helps partners thrive in the AWS ecosystem

      4 December 2025
      TCS | MTN Group CEO Ralph Mupita on competition, AI and the future of mobile

      TCS | Ralph Mupita on competition, AI and the future of mobile

      28 November 2025
      TCS | Dominic Cull on fixing South Africa's ICT policy bottlenecks

      TCS | Dominic Cull on fixing South Africa’s ICT policy bottlenecks

      21 November 2025
      TCS | BMW CEO Peter van Binsbergen on the future of South Africa's automotive industry

      TCS | BMW CEO Peter van Binsbergen on the future of South Africa’s automotive industry

      6 November 2025
      TCS | Why Altron is building an AI factory - Bongani Andy Mabaso

      TCS | Why Altron is building an AI factory in Johannesburg

      28 October 2025
    • Opinion
      Your data, your hardware: the DIY AI revolution is coming - Duncan McLeod

      Your data, your hardware: the DIY AI revolution is coming

      20 November 2025
      Zero Carbon Charge founder Joubert Roux

      The energy revolution South Africa can’t afford to miss

      20 November 2025
      It's time for a new approach to government IT spend in South Africa - Richard Firth

      It’s time for a new approach to government IT spend in South Africa

      19 November 2025
      How South Africa's broken Rica system fuels murder and mayhem - Farhad Khan

      How South Africa’s broken Rica system fuels murder and mayhem

      10 November 2025
      South Africa's AI data centre boom risks overloading a fragile grid - Paul Colmer

      South Africa’s AI data centre boom risks overloading a fragile grid

      30 October 2025
    • Company Hubs
      • Africa Data Centres
      • AfriGIS
      • Altron Digital Business
      • Altron Document Solutions
      • Altron Group
      • Arctic Wolf
      • AvertITD
      • Braintree
      • CallMiner
      • CambriLearn
      • CYBER1 Solutions
      • Digicloud Africa
      • Digimune
      • Domains.co.za
      • ESET
      • Euphoria Telecom
      • Incredible Business
      • iONLINE
      • IQbusiness
      • Iris Network Systems
      • LSD Open
      • NEC XON
      • Netstar
      • Network Platforms
      • Next DLP
      • Ovations
      • Paracon
      • Paratus
      • Q-KON
      • SevenC
      • SkyWire
      • Solid8 Technologies
      • Telit Cinterion
      • 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
      • Information security
      • Internet and connectivity
      • Internet of Things
      • Investment
      • IT services
      • Lifestyle
      • Motoring
      • Public sector
      • Retail and e-commerce
      • Satellite communications
      • Science
      • SMEs and start-ups
      • Social media
      • Talent and leadership
      • Telecoms
    • Events
    • Advertise
    TechCentralTechCentral
    Home » In-depth » Telkom faces growing list of legal woes

    Telkom faces growing list of legal woes

    By Editor23 June 2010
    Twitter LinkedIn Facebook WhatsApp Email Telegram Copy Link
    News Alerts
    WhatsApp
    Peter Nelson

    Telkom is facing a long and growing list of legal and regulatory challenges that could cost the JSE-listed telecommunications group billions of rand.

    Chief financial officer Peter Nelson says Telkom wants to put the problems behind it, but has vowed, where necessary, to fight off legal threats against it in court.

    The group’s 2010 financial results include a long list of contingencies related to legal and regulatory disputes, some of them dating back nearly a decade.

    However, it’s raised a contingent liability in only one of these — a settlement it has agreed to make to US software company Telcordia, where it could have to fork out as much as US$82m (R615m at R7,50/$).

    Telkom says it expects more clarity in August on the exact amount it will have to pay Telcordia.

    The group is also facing a number of legal and arbitration proceedings involving SA’s competition authorities related to alleged abuse of its dominance in the telecommunications industry over a period of years.

    It’s been accused of price discrimination and other prohibited practices by a range of competitors, with some objections being filed as recently as 2009.

    Telkom could eventually face a fine of as much as 10% of its annual revenue related to any of these complaints. However, as the group points out, the Competition Tribunal, the final arbiter in competition matters, has never imposed a fine as high as 10% of revenue on any offender. Nevertheless, the fines could still prove to be painful if imposed.

    Despite the growing list of complaints about anticompetitive behaviour, Telkom has elected not to provide for any of the potential fines in its financial results. It says it is unable to do so in the case of at least one of the competition complaints as “no reliable estimate of liability can be made”.

    Other claims against Telkom flow from misgivings over tenders. A long-standing and well-documented dispute with Maredi Telecoms regarding a microwave telecoms tender continues to simmer, as does a spat with Phutuma Networks over a tender for the supply of telex services.

    The Phutuma complaint is set to head to court in February 2011 and Nelson says Telkom’s legal team is ready to fight the case. According to Telkom, Phutuma’s claim for damages arises from an allegation that the group failed to adjudicate a tender in accordance with fair, transparent, competitive and cost-effective procurement policy.

    Telkom says Phutuma is claiming as much as R4,2bn in damages for loss of revenue. But Phutuma director Ed Scott says this figure is not correct. The maximum claim is R5,5bn, he says. Scott says he has reported discrepancies in the reported numbers to the Johannesburg Stock Exchange and the Independent Regulatory Board for Auditors.

    In addition to its high court application, Phutuma has filed a complaint with telecoms regulator, the Independent Communications Authority of SA, accusing Telkom of contravening the Preferential Procurement Framework Act and the Broad Based Black Economic Empowerment Act.

    Scott says Telkom transgressed regulations that governed it under the monopoly licence it held at the time.

    It has also lodged a complaint with the Competition Commission in which it has accused Telkom of an “exclusionary act” in contravention of the Competition Act.

    And it has filed a complaint with the Johannesburg Stock Exchange for alleged non-disclosure to its shareholders for not raising Phutuma’s court application as a contingent liability in its interim 2010 financial results.

    The disputed tender, published in November 2007 for the outsourcing of Telkom’s telex services, including support for ship-to-shore telex, was cancelled in June 2009, Telkom says, after it discovered the tendering process was a “mess”.

    But Scott says another company that bid for the tender, Network Telex, had begun providing telex services for Telkom without the tender having been awarded. Scott claims this was in breach of the law, as the service had to be provided by Telkom or outsourced to a third-party provider through a formal tender process.

    Nelson, however, has repeatedly denied that Telkom had any contract with Network Telex. However, this week, he conceded in an interview with TechCentral that Network Telex was providing ship-to-shore services on an “emergency” basis.

    “Telkom made small payments for ship-to-shore services, which they [Network Telex] provided,” Nelson says. “It was a separate arrangement which was made.”

    He says the value of Phutuma’s claim has “leapt in leaps and bounds”. “Every time we say something, he [Scott] adds another billion rand to the claim.”

    Nelson says Telkom is “happy to meet Phutuma in court”. “We feel that our tender conditions are very clear and the basis for his claim is pretty limited,” he says.

    “Whether we’re proved wrong in due course remains to be seen, but we don’t think that’s the case. We don’t believe any provisions are required in the Phutuma matter.”

    Telkom’s tender woes don’t end there. It has also got itself into a pickle over the recent late awarding of a tender to six networking contractors.

    It had sought to reduce the number of contractors working for it in order to improve efficiencies and reduce costs, but Nelson says it failed to make an award within the valid period of the tender. It awarded the tender after its expiry date, leading to challenges from unsuccessful bidders.

    Telkom then asked the high court to review and set aside the tender, which prompted one of the winning bidders, Bihati Solutions, to serve an application on Telkom to reverse its decision to apply to the court. Effectively, Bihati wants to set aside the setting-aside of the contract.

    Telkom is opposing Bihati’s application, but Nelson says the group doesn’t mind if Bihati is successful in its court bid. “If a court looks at it and says it’s fine, then we’d be delighted because we could move ahead with the six [winning bidders] and … [achieve] the cost savings we were expecting.”

    Given the large number of legal challenges that Telkom is facing in relation to tenders, it’s worth asking whether the group has a problem in its procurement division.

    “It’s not so much that there was a problem, but things were taking too long to get resolved, they were too bureaucratic,” Nelson says. “Even though you tick all of the check boxes, and everything is 100%, it may be the wrong commercial result.”

    In some cases, Telkom was paying over the odds to successful bidders, he says. “We want to be more agile, we want to be more transparent, and I want price to be a bigger element of procurement.”

    In future tenders, price will be the primary consideration when awarding tenders, he says.

    Companies tendering for business will still have to meet basic conditions, including black economic empowerment criteria, but this will merely permit companies to bid, rather than forming part of the overall weighting.

    “The only criteria left will be price and that will be a transparent process,” Nelson says.  — Duncan McLeod, TechCentral

    • Subscribe to our free daily newsletter
    • Follow us on Twitter or on Facebook


    Bihati Solutions Ed Scott Icasa JSE Maredi Telecoms Peter Nelson Phutuma Networks Telcordia Telkom
    Subscribe to TechCentral Subscribe to TechCentral
    Share. Facebook Twitter LinkedIn WhatsApp Telegram Email Copy Link
    Previous ArticleWhere to, Telkom?
    Next Article Government defines broadband as 256kbit/s

    Related Posts

    South Africa set for telecoms licensing reset - Icasa

    South Africa set for telecoms licensing reset

    28 November 2025
    Cell C makes long-awaited JSE debut

    Cell C makes long-awaited JSE debut

    27 November 2025
    Four years later, Vodacom and Maziv have sealed their deal

    Four years later, Vodacom and Maziv have sealed their deal

    26 November 2025
    Company News
    AI is not a technology problem - iqbusiness

    AI is not a technology problem – iqbusiness

    5 December 2025
    Telcos are sitting on a data gold mine - but few know what do with it - Phillip du Plessis

    Telcos are sitting on a data gold mine – but few know what do with it

    4 December 2025
    Unlock smarter computing with your surface Copilot+ PC

    Unlock smarter computing with your Surface Copilot+ PC

    4 December 2025
    Opinion
    Your data, your hardware: the DIY AI revolution is coming - Duncan McLeod

    Your data, your hardware: the DIY AI revolution is coming

    20 November 2025
    Zero Carbon Charge founder Joubert Roux

    The energy revolution South Africa can’t afford to miss

    20 November 2025
    It's time for a new approach to government IT spend in South Africa - Richard Firth

    It’s time for a new approach to government IT spend in South Africa

    19 November 2025

    Subscribe to Updates

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

    Latest Posts
    Big Microsoft 365 price increases coming next year

    Big Microsoft price increases coming next year

    5 December 2025
    AI is not a technology problem - iqbusiness

    AI is not a technology problem – iqbusiness

    5 December 2025
    Vodacom to take control of Safaricom in R36-billion deal - Shameel Joosub

    Vodacom to take control of Safaricom in R36-billion deal

    4 December 2025
    Black Friday goes digital in South Africa as online spending surges to record high

    Black Friday goes digital in South Africa as online spending surges to record high

    4 December 2025
    © 2009 - 2025 NewsCentral Media
    • 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}