South Africa: Turkcell opposes MTN's Constitutional Court appeal in $4.2bln Iran licence case
Court to decide whether long-running dispute proceeds to trial in South Africa.
Turkcell's subsidiary, East Asian Consortium B.V. (EAC), has filed papers opposing MTN's application to the Constitutional Court for leave to appeal a recent Supreme Court of Appeal (SCA) ruling.
The SCA judgment, handed down in April, confirmed that South African courts have jurisdiction to hear EAC's $4.2bn civil claim against MTN over an allegedly tainted telecom licence in Iran.
Background to the dispute
The case relates to Turkcell's long-standing allegations that MTN and its former executives used bribery to secure a GSM licence in Iran that was initially awarded to Turkcell in the early 2000s. MTN has denied wrongdoing.
Turkcell's filing is the latest development in a case that has seen years of procedural delays and jurisdictional challenges.
Arguments against MTN's appeal
In its submission, Turkcell argues that MTN is attempting to delay proceedings and avoid a trial. The company also questions MTN's ongoing reliance on the Hoffmann Report—an internal investigation commissioned by its board—as evidence of exoneration, saying it lacked the independence and transparency of a court process.
Turkcell further rejects MTN's argument that Iranian courts would offer a fair and appropriate venue for the dispute.
Next steps
The Constitutional Court must now decide whether to grant MTN leave to appeal. A decision is expected within three months.
Turkcell is represented by Vasco de Oliveira Incorporated, with counsel Alistair Franklin SC and J.J. Meiring.
All rights reserved. © 2022. Bizcommunity.com Provided by SyndiGate Media Inc. (Syndigate.info).
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Zawya
4 hours ago
- Zawya
Central African Republic: Breakthrough as ex-combatants of rebel group are convicted for war crimes and crimes against humanity but trial tarnished by absence of four defendants
Reacting to the news that the Special Criminal Court has convicted six former combatants of the Popular Front for the Rebirth of the Central African Republic (Front populaire pour la renaissance de la Centrafrique) for crimes against humanity and war crimes, Alice Banens, Legal Adviser at Amnesty International, said: 'The decision handed down by the Special Criminal Court (SCC) in the Ndélé 2 case represents a breakthrough in the fight against impunity for serious crimes committed in the Central African Republic. Light has been shed on the atrocities committed in Ndélé in March 2020. 'However, four of the six people found guilty and given heavy sentences were convicted in absentia. Amnesty International considers that the defendant's right to be present at their trial, to prepare their defence with their lawyer, and to address the Court directly are pillars of the right of defence, without which there can be no fair trial. 'Several suspects who are accused of serious crimes and subject to arrest warrants from the SCC are still at large. This situation continues to deprive victims of their right to truth, justice and effective reparation. The execution of arrest warrants is essential if the fight against impunity is not to be selective.' Background In the Ndélé 2 case, six defendants were found guilty of crimes against humanity, including murder, attempted murder, inhuman acts and persecution, and war crimes, and sentenced to between 18 and 25 years' imprisonment. In March 2020, the town of Ndélé, in the north-east of the country, was attacked by members of the Popular Front for the Rebirth of the Central African Republic, an armed group from the former Séléka coalition. The violence left dozens dead and displaced hundreds of people. The Special Criminal Court is a hybrid court set up in the Central African Republic in 2018. It is composed of Central African and non-Central African judges and personnel. It was created to investigate, prosecute and judge the most serious crimes committed since 2003. The Ndélé 2 case is the third to be heard by the SCC since the effective start of its judicial work, following the Paoua and Ndélé 1 cases. In 2020 and 2021, Amnesty International published two reports analyzing the challenges facing the SCC. The organization called for increased support for the Court and greater transparency. Distributed by APO Group on behalf of Amnesty International.
Zawya
4 hours ago
- Zawya
Cassa Depositi e Prestiti and SACE provide EUR250 Million to Africa Finance Corporation
Africa Finance Corporation (AFC) ( the continent's leading infrastructure solutions provider, has secured a landmark EUR 250 million 10-year term loan facility from Cassa Depositi e Prestiti (CDP) the Italian Financial Institution for Development Cooperation. The transaction is backed by a guarantee from SACE, the Italian insurance and financial group fully owned by the Italian Ministry of Economy and Finance, covering up to 80% of the facility amount. The financing builds on engagement at the Mattei Plan-Global Gateway summit, attended by Italian Prime Minister Giorgia Meloni, European Commission President Ursula Von der Leyen, CDP, SACE and AFC, where the parties confirmed their intent to collaborate. The facility is structured to cultivate Italian supply chain opportunities in infrastructure and renewable energy generation, including the supply of components for the Lobito Railway Corridor - a commercial railway line that will run through Angola and extend to the borders of Zambia and the Democratic Republic of Congo. This long-term facility deepens AFC's strategic partnership with both CDP and SACE, while reinforcing its mandate to mobilise high-quality, long-tenor capital in support of delivering sustainable infrastructure across Africa. "Cassa Depositi e Prestiti confirms its role as a strategic partner in supporting infrastructure projects with a high social and economic impact in Africa. With this financing - said Dario Scannapieco, Chief Executive Officer of CDP - we are strengthening business and technological relations between Italy and Africa, enhancing talent and innovation. We are convinced that investing in strategic projects not only creates new opportunities for our companies but also helps to build lasting and shared ties capable of fostering growth and well-being for local communities." 'We are proud to contribute to the involvement of Italian companies in the transport and logistics sector to realise a significant strategic project like the Lobito Railway Corridor within the Mattei Plan,' said Alessandra Ricci, CEO of SACE. 'This collaboration reaffirms SACE's commitment to promoting new connections for Italian companies seeking to diversify their exports and embrace new growth opportunities.' ' Our partnership with CDP, further strengthened by SACE's guarantee, exemplifies the power of blended finance in unlocking capital for infrastructure development in Africa,' said Banji Fehintola, Executive Board Member and Head, Financial Services, AFC. ' The Lobito Corridor is a transformational project that will open new trade routes for resources, support regional industrialisation, accelerate job creation and strengthen Africa's position in global value chains, while delivering long-term, inclusive growth. ' Distributed by APO Group on behalf of Africa Finance Corporation (AFC). SACE Media gallery: Media Enquiries: Communications Africa Finance Corporation Email: communications@ SACE Press Office ufficiostampa@ CDP Media Relations Tel: +39 06 42213990 Website: Follow CDP on: LinkedIn: X: Facebook: Instagram: YouTube: About Lobito Corridor Rail Project: The railway line will be approximately 830 km long and will connect Chingola in Zambia to Luacano in Angola with the aim of facilitating the transportation of agricultural products, minerals and consumer goods. The greatest opportunities for the Italian supply chain in the region lie in sectors such as energy, renewables, transportation and logistics. About CDP: Cassa Depositi e Prestiti is the National Promotional Institute which has been supporting the Italian economy since 1850. The main goal of CDP is to accelerate the industrial and infrastructural development of Italy to boost its economic and social growth. CDP focuses its activities on sustainable development at local level, supporting the innovation and growth of Italian enterprises, also in the international arena. It partners local authorities, in a financing and advisory capacity, to create infrastructures and improve services of public value. CDP also participates actively in international cooperation initiatives to realize projects in developing countries and emerging markets. Cassa Depositi e Prestiti is entirely financed by private capital, through the issuing of Postal Savings Bonds and Postal Savings Passbooks, and through issues on national and international financial markets. About SACE: SACE is the insurance and financial group controlled by the Ministry of Economy and Finance, specialising in supporting the growth of Italian companies through a wide range of solutions to facilitate export and innovation, including financial guarantees, factoring, risk management and protection, advisory services and business matching. With a network of 11 offices in Italy and 13 worldwide in target countries for Made in Italy products, SACE serves over 60,000 companies, supporting their growth in Italy and globally, with a portfolio of insured operations and guaranteed investments totalling EU 267 billion across approximately 200 foreign markets. About AFC: AFC was established in 2007 to be the catalyst for pragmatic infrastructure and industrial investments across Africa. AFC's approach combines specialist industry expertise with a focus on financial and technical advisory, project structuring, project development, and risk capital to address Africa's infrastructure development needs and drive sustainable economic growth. Eighteen years on, AFC has developed a track record as the partner of choice in Africa for investing and delivering on instrumental, high-quality infrastructure assets that provide essential services in core infrastructure sectors. AFC has 45 member countries and has invested over US$15 billion since its inception.
The National
5 hours ago
- The National
Pictures of the week: From the Emirates Youth Orchestra to a camel crossing in Umm Al Quwain
An injured protester is loaded into an ambulance following clashes with Kenyan police during a demonstration over the death of blogger Albert Ojwang, who died in police custody. AFP
