MTN to appeal Supreme Court Turkcell judgement
Telecommunications group MTN Group on Wednesday said it plans to appeal a decision by the Supreme Court of Appeal (SCA) that upheld aspects of the appeal lodged by Turkcell.
Since 2013, MTN and some of its subsidiaries have been defending the legal action instituted by Turkcell Iletisim Hizmetleri and Turkcell's wholly owned subsidiary East Asian Consortium (EAC) in the High Court of South Africa.
Turkcell and EAC sought substantial damages from MTN amid allegations of impropriety in the 2005 award of the first private mobile telecommunications licence in Iran.
The High Court had dismissed Turkcell’s case against MTN Group on the basis that the South African courts did not have jurisdiction, following which an appeal was lodged against the judgment.
The SCA on Tuesday set aside the judgment and decided that the South African courts do have jurisdiction. The SCA, however, upheld the High Court ruling that Iranian law is applicable to key aspects.
MTN highlighted that the decision to uphold the appeal does not relate to the merits of Turkcell’s claims or the allegations made against MTN Group, which have not yet been tested in court.
“MTN has always maintained that the Turkcell litigation was without merit and has expressed confidence that it would successfully defend these proceedings,” the group said.
In 2012, MTN Group appointed an independent special committee to investigate the allegations by Turkcell against MTN. The committee exonerated MTN.
MTN intends to approach the Constitutional Court to appeal this decision.
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