Telkom seeks $6 million from former MD

 ·18 Jun 2013

Telkom has instituted legal action against a former senior executive of the company, Thami Msimango, in two separate claims amounting to $6 million (R60.3 million), alleging acts of recklessness and breach of contract.

Telkom has filed a lawsuit at the high court in Pretoria.

The legal action is part of a summons Telkom has issued out against JSE-listed Blue Label Telecoms and four other parties claiming R5.21 billion in damages relating to the Multi-Links fiasco.

The claim relates to alleged damages suffered by Telkom arising out of a super dealer agreement (SDA) concluded between Blue Label subsidiary, Africa Prepaid Services (APSN) and Multi-Links.

Blue Label was contracted to distribute Multi-Links’ products in Nigeria, however Telkom then cancelled the deal as part of a cost saving effort.

Telkom lost over R10 billion over 50 months on its disastrous acquisition of Multi-Links, and it was forced to write off billions before cutting losses in a fire sale to an affiliate of Helios in 2011.

Telkom has issued the claim against Blue Label Telecoms, subsidiaries of Blue Label Telecoms and individuals including Msimango, seeking US$528,071,116 (R5.21 billion).

Msimango, who is no longer employed by Telkom, had been chief of global operations, and was appointed MD of Telkom International and Nigerian based subsidiary Multi-Links in 1 April 2009.

Under “claim A”, Telkom is looking for payment of $1 million, which it says it owed and paid to PCCW Global for a voice service agreement signed by Msimango, which Telkom adds, was in breach of his contract.

The second claim relates to a payment of $5 million by BLS Telekom to Multi-Links in 2009, despite no authorisation by Telkom. Multi-Links disputes receipt of the amount, according to court papers filed by Telkom.

In both instances, Telkom claims that Msimango acted “wantonly, recklessly, arbitrarily or capriciously” and acted “without exercising a proper discretion”.

Blue Label Telecoms says it will challenge the claim brought against its subsidiaries by Telkom.

More on Telkom

Blue Label hits back at Telkom claims

Telkom tackles Blue Label for R5.21 billion

Telkom earnings sink

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