Mobile operator MTN has filed a plea in the South African High Court to have middle eastern mobile group Turkcell’s case against it thrown out of court.<\/p>\n
Turkcell has been at MTN’s throat for over a decade, after the South African network beat it to acquire a 49% stake in Iranian network, Irancell, in 2005.<\/p>\n
Turkcell has alleged that MTN secured the contract through bribery and corruption, and has previously attempted four other legal battles to get money out of MTN for the loss of business.<\/p>\n
Now in its fifth attempt, Turkcell is seeking $4.2 billion (R58.9 billion) from MTN, calculated from the profits and interest Turkcell said it would have made had it operated the Irancell licence.<\/p>\n
In a statement issued on Tuesday, MTN said that Turkcell’s allegations and court bids were nothing more than a harassment campaign, in an attempt to oppress MTN.<\/p>\n
It said that Turkcell was being opportunistic, and was “the author of its own misfortune” in losing the Irancell bid.<\/p>\n
“When it became clear that Turkcell was unwilling or unable to comply with the new legislative requirement that its shareholding in the licence be not greater than 49%, the Iranian authorities offered the opportunity to MTN, which it accepted.<\/p>\n
“Turkcell obviously regretted their decision and has ever since engaged in four different sets of legal proceedings, all of which have been lost,” it said. “We consider that it is most unjust to burden MTN with a fifth round of litigation of substantially the same matters.”<\/p>\n
“Turkcell’s four previous attempts, including proceedings before reputable international arbitration panels, failed. The ongoing attempt to re-litigate complaints that Turkcell have repeatedly litigated without success are contrary to the interests of justice.”<\/p>\n
“The claim smacks of a desperate last measure to try and extract benefits to which it is not entitled,” the group said.<\/p>\n