POWERLESS
country’s second mobile network operator. Turkcell claimed it lost out to MTN after the latter paid bribes and other inducements to secure the lucrative stake, charges which MTN has refuted.
Iran is one of MTN’s most important markets, alongside Nigeria and South Africa.
Previous attempts by Turkcell to resolve the matter through international arbitration failed. The company approached the South African courts after a legislative change affected the jurisdiction of a US court from which it had sought relief. It alleged that MTN had conspired with Iranian officials to oust it from the successful consortium that bid for the licence and take its place by promising to use its influence with the South African government so it could procure defence equipment and garner support for its nuclear development programme at meetings of the International Atomic Energy Agency.
Turkcell’s legal challenge comes despite the findings in 2013 of the Hoffmann Committee, appointed by MTN in 2012, which cleared the South African group of wrongdoing in Iran. That committee, chaired by South African-born former senior British jurist Leonard Hoffmann, found there was no conspiracy between MTN and Iranian officials to remove Turkcell from the bidding process. Indeed, the committee found that Turkcell’s allegations were a “fabric of lies, distortions and inventions”.
On Tuesday, MTN said “Turkcell’s claim is opportunistic, an abuse of the process of court, baseless and without merit”. It said it has provided the Hawks with a full copy of the Hoffman report, together with detailed annexures.
Turkcell welcomed the Hawks investigation and “looks forward to seeing the evidence that Hawks uncovers against those involved”.
First published on TechCentral
Turkcell’s claim is baseless and without merit.