SA tech firms settle Nigeria differences

JOHANNESBURG – Telkom and Blue Label Telecoms have made a breakthrough in resolving their long-running dispute in Nigeria. The two companies were claiming billions of rand from each other following the failure of Multi-Links in the West African country. Yesterday, the parties to both the arbitration proceedings and the action announced that they had agreed to settle their disputes on the basis that all claims and counter-claims are withdrawn and each party will be responsible for the payment of their own costs.

In terms of the settlement all of the parties have agreed to withdraw all allegations of any wrongdoing which they made against each other in the course of advancing their various claims, counter-claims and defences.

In June 2011, arbitration proceedings were instituted by Africa Prepaid Services Nigeria Limited (APSN) against Multi-Links Telecommunications Limited under the auspices of the Arbitration Foundation of South Africa.

APSN is a subsidiary of Blue Label Telecoms Limited (“Blue Label”). Multi-Links is a former subsidiary of Telkom.

APSN claimed payment of the sum of $457 million against Multi-Links arising out of the termination of the Super Dealer Agreement between Multi-Links and APSN, in relation to the distribution of Multi-Links’ products and services by APSN, in Nigeria.

Multi-Links counter-claimed against APSN for payment of the sum of $123 million.

Telkom and Multi-Links subsequently obtained a stay of the arbitration proceedings and instituted an action against Blue Label, Africa Prepaid Services (Pty) Ltd (the immediate holding company of APSN) and certain individuals, including Mthunzi Mdwaba and Thami Msimango for payment of the sums of $528 million and the sum of US$196 million respectively.

In the action APSN counter-claimed against Telkom and Multi-Links for payment of the sum of $457 million.

The chairman of Telkom, Jabu Mabuza and his Blue Label counterpart, Larry Nestadt, said they were pleased the disputes had been amicably resolved. — CAJ News

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