Monday, 5 May 2025: The Supreme Court of Appeal has taken a welcome stand against bribery and corruption in the latest instalment of a courtroom clash that has raged since 2013. The bench agreed with Turkcell, a Turkish telecoms company, that South Africans alleged to have bribed foreign government officials can be tried in South Africa and that South African courts have jurisdiction over such matters.
The latest court decision is part of an ongoing saga between Turkcell, through its affiliate EAC, and MTN regarding the award of a GSM licence to Turkcell in Iran. The case involves allegations of bribery and corruption against MTN. MTN is alleged to have paid off both Iranian and South African officials to overturn a public tender, which it lost to Turkcell, for a multi-billion-dollar opportunity to run an Iranian GSM telecom licence.
Turkcell alleges that MTN paid off South Africa’s then ambassador to Iran, bribed high-ranking Iranian officials, and channelled a $400,000 payoff through a sham consulting contract with a Dubai-based company called Aristo Oil.
In a 2022 decision, a South African judge ruled against EAC, holding that companies and individuals alleged to have bribed officials of a foreign government were immune from the reach of South Africa’s courts. The Supreme Court of Appeal has disagreed with this decision.
Cedric Soule, global counsel for Turkcell, says, “EAC is pleased with the Supreme Court of Appeal’s decision. EAC now looks forward to presenting to the South African courts—for the first time—the evidence that it believes shows that MTN committed acts of bribery and corruption to overturn the award of an Iranian GSM licence to Turkcell.”
