Turkcell has filed papers at South Africa’s constitutional court in its long-running battle against MTN Group over a controversial telecommunications licence issued by the Iranian government nearly 20 years ago.
The move comes after MTN and two of its former senior executives – Phuthuma Nhleko and Irene Charnley – filed papers at the country’s apex court appealing an earlier supreme court of appeal judgment that found the case could be heard in South Africa’s courts.
On Thursday, Turkcell said one of its wholly owned subsidiaries, East Asian Consortium (EAC), has now filed an application to oppose the appeal brought by MTN, Nhleko and Charnley.
“The supreme court of appeal’s judgment affirms the jurisdiction of South African courts to hear EAC’s claims that MTN engaged in bribery and corruption in connection with its operations in Iran,” Turkcell said in a statement. “The SCA judgment also represents a significant victory for the principle that South African companies should be held accountable in South Africa for their conduct abroad.”
Turkcell is seeking US$4.2-billion (R74.8-billion) in damages from MTN after it lost out in the bidding for a stake in second Iranian cellular licensee Irancell. It has alleged MTN only got the licence, which it said had been awarded to it (Turkcell) initially, because it bribed senior Iranian and South African officials.
“Among other things, this case has significant implications for South Africa’s stance on international bribery and corruption,” Turkcell said.
Hoffmann Report
It also rubbished a report by the South African and British jurist Leonard Hoffman, which cleared MTN and its executives of wrongdoing. That report had been commissioned and paid for by MTN, but the company has always insisted it did not in any way influence its findings.
Cedric Soule, counsel for Turkcell, said in Thursday’s statement: “MTN’s repeated reliance on the Hoffmann report, an internal investigation commissioned by MTN’s board, as supposedly exonerating it is improper. The process that MTN put together lacked the independence, rigour and transparency of a judicial proceeding. Notably, the Hoffmann committee failed to interview key witnesses, did not independently gather or assess evidence, and did not use independent counsel; its conclusions are therefore unreliable and irrelevant to the current proceedings.”
Turkcell has said the Iranian courts would not offer a fair alternative venue for its litigation against MTN.
In its opposition to MTN’s application for leave, Turkcell has strongly rejected MTN’s argument that Iran’s judicial system would offer a fair alternative venue.
“That a South African company alleged to have acted in concert with Iranian officials to improperly obtain a tender would now propose that the courts of the Islamic Republic of Iran constitute an appropriate forum for the adjudication of this dispute, despite well-documented concerns regarding judicial independence and due process, is difficult to accept,” said Soule in the statement.
“MTN’s request to seek leave to appeal the SCA’s judgment at the constitutional court is yet another attempt to delay accountability and avoid a trial where the full truth will come to light,” he said. “The SCA made it clear: South African courts are the appropriate venue for these serious allegations to be tested.”
Turkcell said it expects the constitutional court to decide within the next three months whether it will grant the request for leave to appeal by MTN and its former executives. – © 2025 NewsCentral Media
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