From South Africa #14 thread 1 of 3
“US Anti-Terrorism Cases Against [South Africa’s] MTN Group Put Multinationals in Peril”
https://www.fpri.org/article/2025/05/us-anti-terrorism-cases-against-mtn-group-put-multinationals-in-peril/
Michael Walsh
May 15, 2025
In April 2025, legal scholars raised concerns about the ongoing Iran-related terrorism cases against the MTN Group in the US court system. Professor Jeffrey Breinholt of George Washington University even went so far as to express his belief that MTN Group may have committed securities fraud. A few weeks ago, MTN Group experienced another unwelcome development. After more than a decade in the South African courts, the South African Supreme Court of Appeal ruled that South African courts have jurisdiction to hear a separate Iran-linked bribery case brought against MTN Group. Its legal woes mounting, legal scholars are now saying that multinational companies should do more to notify their own shareholders of the risks of their own business partnerships with the MTN Group. That includes US financial services companies (e.g., BNY Mellon; Mastercard), professional services companies (e.g., Accenture; Covington & Burling; Deloitte), and technology companies (e.g., Apple; Meta; Microsoft).
On 17 March 2025, the MTN Board of Directors authorized the most recent version of its Annual Financial Statements. That report disclosed that MTN Group is involved in a total of five Anti-Terrorism Act (ATA) cases in US courts.
One of those cases is Zobay v. MTN Group Limited. That case alleges that MTN Group is legally responsible for damages involving “a group of American citizens killed or injured by terrorist attacks in Iraq and Afghanistan between 2011 and 2019.”
On 28 September 2023, the plaintiffs passed the first major legal hurdle in their case when a United States District Court ruled that they had plausibly stated a claim for aiding and abetting liability against MTN Group, and the court denied a motion to dismiss MTN Group from the case.
That order carries political implications for President Cyril Ramaphosa, who served as the MTN Chairman of the Board from 2002 to 2013. That means that he was at the helm when some of the aiding and abetting-related claims are said to have occurred. According to William Saunderson-Meyer, “MTN’s close connections to the (African National Congress) elite” creates “a gigantic political problem” for South Africa.
Over the past few years, MTN has established business relationships with several multinational corporations that have a US jurisdictional nexus. Prominent examples include Accenture, Apple, Bank of New York Mellon, Ericsson, Deloitte, Genesys, IHS Towers, Mastercard, Microsoft, and Meta, which operates Facebook, Instagram, Threads, and WhatsApp.