Tiger Consortium Telecommunications is seeking R100 million in damages for what it argues is Vodacom's misrepresentation around its R7.5 billion empowerment deal.
In 2008, Vodacom announced that 25% of its R7.5 billion broad-based empowerment shareholding would be allocated to Vodacom SA staff members. Broad-based black members of the public, and Vodacom black business partners would have access to 30%, with the remaining 45% going to broad-based strategic partners, it said in a media statement.
Vodacom later announced the Royal Bafokeng Holding and Thebe Investments as its strategic partners.
Five years ago, the Tiger consortium lost an urgent South Gauteng High Court bid to have it included in the deal after the Johannesburg High Court ruled against an interdict filed by Tiger Consortium against Vodacom.
The High Court noted the dismissal was based solely on the finding of "want of urgency" and "non joinder of the National Independent Telecommunications Organisation of SA (Nitosa) and Vodacom Black Management". The latter point means the two parties either did not appear, or did not join in the action.
However, the Tiger Consortium was still able to pursue a court battle as the High Court made no decision on the merits of the application.
The Sunday Independent says papers have now been filed at the court arguing that Vodacom misrepresented the selection process to Tiger's detriment. It alleges Vodacom did not mention a "fractional" BEE allocation during the bidding process, the paper notes.
According to the report, Tiger says this is against the law. Tiger has also served subpoenas on CEO Shameel Joosub to force the company to release documents around the deal in December, later withdrawing them, reports the Sunday Independent.
Vodacom could not immediately comment this morning.
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