Türkiye-headquartered technology and telecommunications company Turkcell's wholly owned subsidiary East Asian Consortium (EAC) on June 4 filed its opposition to MTN’s application to the Constitutional Court of South Africa for leave to appeal a recent Supreme Court of Appeal (SCA) judgment.

The SCA’s judgment affirmed the jurisdiction of South African courts to hear EAC’s claims that MTN engaged in alleged bribery and corruption in connection with its operations in Iran. 

This is the latest legal step in Turkcell’s ongoing pursuit of justice for damages estimated at over $4.2-billion, stemming from allegations that MTN paid bribes to Iranian and South African officials to overturn a public tender awarded initially to Turkcell for a multibillion-dollar telecoms licence in Iran.

In April, the SCA handed down a comprehensive judgment rejecting all of the jurisdictional objections raised by MTN, certain former executives and several MTN subsidiaries. The SCA affirmed that South African courts do have jurisdiction over the matter, clearing the path for the case to proceed to trial.

“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.

"The SCA made it clear: South African courts are the appropriate venue for these serious allegations to be tested. It’s time for MTN and its former executives to face the evidence in a South African courtroom before an impartial South African judge,” said Cedric Soule, counsel for Turkcell. “

In its opposition to MTN’s application for leave, Turkcell has rejected MTN’s argument that the courts of Iran would offer a fair alternative venue for EAC to litigate its claims against MTN.

“After more than 12 years of procedural stalling, Turkcell remains committed to presenting the full evidence in court. This case is about holding South African companies accountable for their actions abroad, especially when those actions involve serious allegations of bribery and corruption,” said Soule.

The Constitutional Court will now decide whether to grant the request for leave to appeal filed by MTN and the other defendants. Turkcell expects a decision within three months.