MEDIA STATEMENT

31 August 2026

Open Secrets heads to the Concourt to promote Corporate Accountability

Open Secrets has been admitted as amicus curiae (“friend of the court”) in the case between MTN’s international corporate actors (MTN) and East Asia Consortium (EAC), which will be heard by the Constitutional Court on 31 August and 1 September 2026.

EAC is suing MTN’s international companies as well as two former directors for US $4.2 billon in financial loss. EAC – a private company which in 2004, as part of the Turkcell Consortium, successfully bid for Iran’s first public telecommunications license. EAC alleges that MTN acquired their contract with the Iranian government through bribery and corruption, which led the Iranian government to breach EAC’s contractual rights. MTN, in its defense of the claim has raised several preliminary points, three of which challenge South African courts’ ability to hear EAC’s case.

One of MTN’s preliminary points in the appeal concerns the Foreign Act of State doctrine, which prevents South African courts from hearing matters that implicate the official conduct of a foreign state. While Open Secrets’ focus on MTN stems from our 2025 report #ShutdownsEverywhereYouGo, Exposing MTN’s role in internet shutdowns, we joined this case as amicus curiae because we believe that South African courts should be empowered to hear claims against South African corporations alleging wrongdoing in their extraterritorial business activities, and hold them accountable for such claims.

Open Secrets has accordingly made submissions to the Constitutional Court that there is increasingly settled recognition in international law that the Foreign Act of State doctrine should not impede corporate accountability for corruption and associated human rights abuses.

Corruption has devastating impacts on the protection of human rights. Open Secrets believes strongly that private corporations which use their extensive power and resources to commit human rights abuses elsewhere, should face accountability here at home. This should apply regardless of who that corporation is.

Read our Heads of arguments here.

 

Open Secrets is represented by S’lindile Khumalo and Wendy Trott (researcher) at PowerLaw, and our counsel are Bonita Meyersfeld and Seadimo Tlale.

 

For media queries please contact:

Letlhogonolo Letshele, Head of Campaigns: 0725650173/074 944 8952

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