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
      Court ruling marks major turning point in driving licence card saga - Barbara Creecy

      Court ruling marks major turning point in driving licence card saga

      7 January 2026
      South Africa lets rivals team up to cut crippling electricity costs - Parks Tau

      South Africa lets rivals team up to cut crippling electricity costs

      7 January 2026
      The next wave: 10 technologies that will define 2026

      The next wave: 10 technologies that will define 2026

      7 January 2026
      South Africa's new car market roared back to life in 2025, with NEVs gaining ground

      South Africa’s new car market roared back to life in 2025, with NEVs gaining ground

      7 January 2026
      Why South Africa should extend the e-hailing compliance deadline

      Why South Africa should extend the e-hailing compliance deadline

      7 January 2026
    • World
      EU pressure mounts on Musk's X over AI 'undressing' images - Wolfram Weimer

      EU pressure mounts on Musk’s X over AI ‘undressing’ images

      7 January 2026
      Intel launches Panther Lake, its next-gen PC chip

      Intel launches Panther Lake, its next-gen PC chip

      6 January 2026
      Starlink plans to lower satellite orbit to enhance safety

      Starlink plans to lower satellite orbit to enhance safety

      4 January 2026
      Lou Gerstner, the man who saved IBM, dies at 83

      Lou Gerstner, the man who saved IBM, dies at 83

      29 December 2025
      Starlink satellite anomaly creates debris in rare orbital mishap

      Starlink satellite anomaly creates debris in rare orbital mishap

      19 December 2025
    • In-depth
      Digital authoritarianism grows as African states normalise internet blackouts

      Digital authoritarianism grows as African states normalise internet blackouts

      19 December 2025
      TechCentral's South African Newsmakers of 2025

      TechCentral’s South African Newsmakers of 2025

      18 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
      DStv dodges channel blackout in last-minute deal with Warner Bros

      Canal+ plays hardball – and DStv viewers feel the pain

      3 December 2025
      Jensen Huang Nvidia

      So, will China really win the AI race?

      14 November 2025
    • TCS
      TCS+ | Africa's digital transformation - unlocking AI through cloud and culture - Cliff de Wit Accelera Digital Group

      TCS+ | Cloud without culture won’t deliver AI: Accelera’s Cliff de Wit

      12 December 2025
      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
    • Opinion
      ANC's attack on Solly Malatsi shows how BEE dogma trumps economic reality - Duncan McLeod

      ANC’s attack on Solly Malatsi shows how BEE dogma trumps economic reality

      14 December 2025
      Netflix, Warner Bros deal raises fresh headaches for MultiChoice - Duncan McLeod

      Netflix, Warner Bros deal raises fresh headaches for MultiChoice

      5 December 2025
      BIN scans, DDoS and the next cybercrime wave hitting South Africa's banks - Entersekt Gerhard Oosthuizen

      BIN scans, DDoS and the next cybercrime wave hitting South Africa’s banks

      3 December 2025
      ANC's attack on Solly Malatsi shows how BEE dogma trumps economic reality - 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
    • 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 » News » Telkom sues Ramaphosa, wants SIU probe stopped

    Telkom sues Ramaphosa, wants SIU probe stopped

    By Duncan McLeod26 July 2022
    Twitter LinkedIn Facebook WhatsApp Email Telegram Copy Link
    News Alerts
    WhatsApp
    President Cyril Ramaphosa

    Telkom has filed papers at the high court in Pretoria to have President Cyril Ramaphosa’s decision to order an investigation into alleged malfeasance at the telecommunications operator declared unconstitutional and invalid.

    In a founding affidavit lodged with the court on Monday and seen by TechCentral, Telkom’s acting group executive for legal services Chris Teurlinckx, argues that the president acting unlawfully in instructing the Special Investigating Unit (SIU) to probe allegations of malfeasance dating back as far as 2006.

    In January, the president ordered the SIU to investigate:

    • Maladministration in the affairs of Telkom in relation to the sale or disposal of Multi-Links Telecommunications, a company it acquired in Nigeria in 2006 that subsequently failed, as well as the sale of iWayAfrica and Africa Online Mauritius;
    • The procurement of telegraph services (telex and telegrams); and
    • Advisory services in respect of the broadband and mobile strategy of Telkom and payment made in a manner that was not fair, equitable, transparent or cost-effective, or contrary to applicable legislation or national treasury or Telkom rules.

    Telkom has now challenged Ramaphosa’s proclamation to the SIU in a two-part application at the high court:

    • Part A seeks to interdict the SIU from continuing with its investigation pending the finalisation of part B of the application.
    • Part B seeks to declare “unconstitutional, invalid, and of no force or effect” the proclamation issued by the president.

    In his founding affidavit, Teurlinckx argues that Telkom has established a “prima facie case that the SIU’s investigation is unlawful because the president acted unconstitutionally and unlawfully when he issued the proclamation to the SIU”. Telkom, he adds in the papers, will “suffer irreparable harm should the SIU commence its investigation pending” the review of part B of its application.

    Telkom argues that the president’s proclamation is “ultra vires”. Telkom is not a “state institution, does not use public money, or control assets or public property as contemplated in the SIU Act”. Also, the allegations referred by the president to the SIU “lack the particulars which are mandatory” under the act.

    The consequences of being the subject of such a publicised investigation for a JSE-listed entity such as Telkom are profound

    The president, Telkom says in its court filing, acted “without grounds, irrationally, arbitrarily and for the purposes not authorised by the SIU Act by authorising an investigation into vague allegations, formulated and cast in the widest possible terms, covering a period of some 15 years”.

    Ramaphosa also failed to take into consideration that some of the allegations “have been fully investigated before, and there is plainly no rational purpose to a fresh investigation”.

    Moreover, Telkom argues, the schedule to the proclamation is “overly broad and lacks particularity”. For example, the clause calling for an investigation into its mobile strategy “constitutes a fishing expedition into how Telkom has run its mobile broadband business for the past 15 years”.

    “This is not the purpose for which the power to authorise an investigation is to be used.”

    ‘Consequences’

    Teurlinckx argues in the court papers that the news of the president’s decision to order the investigation into Telkom has already caused “billions of rand in shareholder value” to be lost. “The consequences of being the subject of such a publicised investigation for a JSE-listed entity such as Telkom are profound… The president could not have been unaware of these consequences when he decided to instruct the SIU to investigate Telkom.”

    The president, he says, failed to invite representations from Telkom prior to signing the proclamation, which the company argues he was dutybound to do under the Promotion of Administrative Justice Act.

    “Specifically, the president had to be appraised of the structure of Telkom, the consequences of any investigation on the share price and business of Telkom, the fact that previous investigations had been conducted on the self-same issues which must now be considered afresh, and the true relationship between Telkom and the state. The president’s decision to launch an investigation without a rational basis for doing so when he could have been appraised of the true state of affairs is procedurally and substantively irrational.”

    In the founding affidavit, Teurlinckx takes aim at businessman Ed Scott, who he accuses of being the “catalyst” for the SIU’s recommendation to Ramaphosa that there be an investigation into Telkom.

    “[It is] the next chapter in Dr Scott’s futile war against Telkom,” he says. “The complaint to the president must be seen in light of the long history in these matters…

    “Except for the high court action instituted in 2009, which is still pending, the rest of the complaints by Phuthuma Networks (Scott’s company) and Dr Scott against Telkom have come to naught. They have been interrogated in countless fora and have been found to be without merit. This has not deterred Dr Scott.”

    Scott’s beef with Telkom relates to a contract for telegraph services dating back at least 15 years. Phuthuma Networks took Telkom to court and various regulatory bodies over a disputed tender, published in November 2007, for the outsourcing of Telkom’s telex services, including support for ship-to-shore telex. This tender was cancelled in June 2009, Telkom claimed at the time, after it discovered the tendering process was a “mess”.

    But Scott claimed that another company that bid for the tender, Network Telex, had begun providing telex services for Telkom without the tender having been awarded. Scott claimed 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 tendering process.

    More details about Ramaphosa’s proclamation to the SIU and the background to the specific areas he wants probed are available in this TechCentral article from 25 January 2022.  — (c) 2022 NewsCentral Media

    Click here for more South African tech news



    Bain Chris Teurlinckx Cyril Ramaphosa Ed Scott Multi-Links Phuthuma Networks Telkom
    Subscribe to TechCentral Subscribe to TechCentral
    Share. Facebook Twitter LinkedIn WhatsApp Telegram Email Copy Link
    Previous ArticleMetroFibre secures R5-billion debt deal with Standard Bank
    Next Article Navigate the real estate market in South Africa with GetSmarter

    Related Posts

    Why Solly Malatsi was right to bury the Post Office monopoly

    Why Solly Malatsi was right to bury the Post Office monopoly

    4 January 2026
    Presidency backs Solly Malatsi in BEE reform fight - Cyril Ramaphosa

    Presidency backs Solly Malatsi in BEE reform fight

    15 December 2025
    ANC's attack on Solly Malatsi shows how BEE dogma trumps economic reality - Duncan McLeod

    ANC’s attack on Solly Malatsi shows how BEE dogma trumps economic reality

    14 December 2025
    Company News
    Why trust is the real currency in modern media

    Why trust is the real currency in modern media

    6 January 2026
    Why banks and insurers need a single decisioning brain as pressures collide - SAS

    Why banks and insurers need a single decisioning brain as pressures collide

    29 December 2025
    First Technology Western Cape delivers the tools - and intelligence - behind modern business - Dell Technologies

    First Technology Western Cape delivers the tools – and intelligence – behind modern business

    29 December 2025
    Opinion
    ANC's attack on Solly Malatsi shows how BEE dogma trumps economic reality - Duncan McLeod

    ANC’s attack on Solly Malatsi shows how BEE dogma trumps economic reality

    14 December 2025
    Netflix, Warner Bros deal raises fresh headaches for MultiChoice - Duncan McLeod

    Netflix, Warner Bros deal raises fresh headaches for MultiChoice

    5 December 2025
    BIN scans, DDoS and the next cybercrime wave hitting South Africa's banks - Entersekt Gerhard Oosthuizen

    BIN scans, DDoS and the next cybercrime wave hitting South Africa’s banks

    3 December 2025

    Subscribe to Updates

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

    Latest Posts
    Court ruling marks major turning point in driving licence card saga - Barbara Creecy

    Court ruling marks major turning point in driving licence card saga

    7 January 2026
    South Africa lets rivals team up to cut crippling electricity costs - Parks Tau

    South Africa lets rivals team up to cut crippling electricity costs

    7 January 2026
    The next wave: 10 technologies that will define 2026

    The next wave: 10 technologies that will define 2026

    7 January 2026
    South Africa's new car market roared back to life in 2025, with NEVs gaining ground

    South Africa’s new car market roared back to life in 2025, with NEVs gaining ground

    7 January 2026
    © 2009 - 2026 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}