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Turkcell Lawsuit Against MTN Moves Forward After SCA Ruling

April 30, 2025
2 min read
Author: Aayushya Ranjan

South Africa’s SCA rules it has jurisdiction in Turkcell’s case against MTN, reviving long-standing Iran licence dispute litigation.

MTN  has previously disclosed litigation regarding Turkcell Iletisim Hizmetleri A.S (Turkcell) , and Turkcell’s wholly owned subsidiary, East Asian Consortium B.V. (EAC) instituted legal action in the High Court of South Africa against MTN Group and certain of its subsidiaries in 2013, in which action Turkcell and EAC sought substantial damages from MTN pursuant to allegations of impropriety in the award of the first private mobile telecommunications licence in the Islamic Republic of Iran (the Turkcell litigation).

The board of MTN Group Limited appointed an independent special committee (Committee) to investigate the allegations by Turkcell against MTN. The Committee, established in 2012, exonerated MTN. Details of the Committee and its findings are available at: https://group.mtn.com/sustainability/sustainable-societies/ethics/the-hoffmann-committee-report/.

MTN shareholders are hereby informed of a judgment handed down by the SCA on 29 April 2025, in which it upheld aspects of the appeal lodged by Turkcell. The appeal was lodged against a High Court judgment, in which the High Court had dismissed Turkcell’s case against MTN Group on the basis that the South African courts did not have jurisdiction. The SCA has 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 of the dispute.

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.

MTN intends to approach the Constitutional Court to appeal this decision.

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