Text of letters from Rich Mkhondo Executive: Corporate Affairs MTN Group Limited to David Maynier MP, May 4 2012

First letter:

4 May 2012

Mr David Maynier MP
By email

Dear Mr Maynier

Request for access to information in respect of Iran

Thank you for your letter of 4 April 2012 to MTN Group President and CEO, Mr Sifiso Dabengwa, asking for access to MTN Group Limited ("MTN") documents under the Promotion of Access to Information Act 2000 ("PAIA") ("your request").

MTN is very willing to comply with its legal obligations to provide access to information under the terms of the PAIA.  It has considered at length your request for information in respect of our commercial dealings in Iran.  MTN has made clear its policy towards human rights and its abhorrence of human rights abuse. 

We have been clear about what we consider to be the ethical obligations of both our business and that of our business partners overseas. Our President and CEO was emphatic in his statement of 12 April 2012 that allegations that MTN has been complicit in human rights abuses in Iran, or anywhere else, are both wrong and offensive to the values of our company and our employees.   

In relation to your request, we do not believe that there is any legal obligation on MTN to provide you with the information sought nor does MTN see any other reason for it to provide the information. Under the terms of the PAIA, we are required to set out our reasons for refusing to disclose the requested information.  They are as follows:

• The documents that you request are not "required for the exercise or protection of any rights" as contemplated in section 50(1)(a) of the PAIA.  These "rights" referred to are confined to rights that arise as a matter of South African law.  They do not extend to rights that may arise in other countries (such as the rights of Iranian citizens in respect of alleged conduct in Iran). 
• Under the PAIA, you have the right to information when it is required for the exercise or protection of either your rights, or for the exercise or protection of the rights of someone else on whose behalf you may legitimately act.  This is not the case where you are seeking access relating to alleged conduct in Iran in respect of Iranian citizens. 
• The suggestion that your request is made in order to establish whether the rights of South African citizens could be negatively affected if MTN conducted itself in South Africa or elsewhere in a manner similar to the way in which it is alleged to have behaved in Iran is entirely speculative.

In addition, some of the documents to which you request access are likely to fall within the grounds of refusal contained in the PAIA.

Under the PAIA, we are required to inform you that you may lodge an application with a court against our refusal to comply with your request.  Any such application must be made within 180 days.         

Yours faithfully

Rich Mkhondo

Executive: Corporate Affairs

Second letter:

4 May 2012

Mr David MaynierMP

By email

Dear Mr Maynier

Request for information on the MTN Social and Ethics Committee

1. Thank for your letter of 4 April 2012 seeking information on MTN Group Limited's ("MTN") Social and Ethics Committee. 

2. The suggestion in the first paragraph of your letter that MTN may have facilitated the surveillance of the political opposition in Iran and was thus responsible for the violation of human rights in that country, is strongly denied. Our President and CEO, Sifiso Dabengwa, made it clear in his statement of 12 April 2012 that allegations that MTN is complicit in human rights abuses in Iran, or anywhere else, is both wrong and offensive to the values of our company and our employees.   

3. MTN is committed to sound corporate governance and ethical business practices.  In 2011 it established the Social and Ethics Committee to assist in ensuring that these principles permeate MTN's operations worldwide.  Although MTN is not obliged to disclose commercially sensitive and confidential information regarding the dealings of the Social and Ethics Committee, MTN is willing to indicate to you that the Social and Ethics Committee is composed of the following individuals:

(i). Ms. K. P. Kalyan (Chairman);

(ii). Mr. N. P. Mageza (Committee member);

(iii). Ms. M. L. D. Marole (Committee member);

(iv). Mr. J. H. N. Strydom (Committee member); and

(v). Mr. J. van Rooyen (Committee member).

Yours faithfully

Rich Mkhondo

Executive: Corporate Affairs

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