By Lehlohonolo Lehana.
Telkom is taking President Cyril Ramaphosa court over his decision to order the Special Investigating Unit (SIU) to investigate the company.
In a founding affidavit lodged with the court on Monday, Telkom’s acting group executive for legal services Chris Teurlinckx, argues that the president acting unlawfully in instructing the Special Investigating Unit (SIU) to probe allegations of malfeasance dating back as far as 2006.
In January, the president ordered the SIU to investigate:
°Maladministration in the affairs of Telkom in relation to the sale or disposal of Multi-Links Telecommunications, a company it acquired in Nigeria in 2006 that subsequently failed, as well as the sale of iWayAfrica and Africa Online Mauritius;
°The procurement of telegraph services (telex and telegrams); and
°Advisory services in respect of the broadband and mobile strategy of Telkom and payment made in a manner that was not fair, equitable, transparent or cost-effective, or contrary to applicable legislation or national treasury or Telkom rules.
Telkom has now challenged Ramaphosa’s proclamation to the SIU in a two-part application at the high court:
°Part A seeks to interdict the SIU from continuing with its investigation pending the finalisation of part B of the application.
°Part B seeks to declare “unconstitutional, invalid, and of no force or effect” the proclamation issued by the president.
Telkom further submits that the president acted without grounds, irrationally, arbitrarily and for the purposes not authorised by the SIU Act by authorising investigations into vague allegations, formulated and cast in the widest possible terms, covering a period of some 15 years.
“He also failed to take into consideration that some of these allegations have been fully investigated before and there is plainly no rational purpose to a fresh investigation,” Teurlinckx argues.