The ruling means the cases will now move into the discovery phase - where both sides exchange evidence.
South African mobile operator MTN has suffered a legal setback in the United States. Picture: Moneyweb
South African mobile operator MTN has suffered a legal setback in the United States after a New York court rejected its bid to halt lawsuits alleging the company aided terror groups in Afghanistan.
The ruling, handed down on 25 September 2026 by the US District Court for the Eastern District of New York, means the cases will now move into the discovery phase – where both sides exchange evidence.
Ruling
Judge Carol Amon has delivered a double blow to MTN, refusing to revisit earlier decisions that allowed terrorism-linked claims tied to Iraq and Afghanistan to proceed.
In a second ruling, she shut the door on MTN’s bid for an immediate appeal and declined to pause the case, finding the company had failed to show the “extraordinary circumstances” needed to justify fast‑tracking the matter to a higher court.
‘No wrongdoing’
While the rulings stop short of finding MTN liable, they clear the way for the lawsuits to advance into the discovery phase – a critical stage where both sides will be compelled to exchange evidence, setting the stage for a bruising legal battle.
“The rulings are procedural and do not constitute a finding of wrongdoing or liability against MTN,” the company stressed, adding this was the first time it would be able to challenge the factual allegations made against it.
Lawsuits
The lawsuits, brought under the US Anti‑Terrorism Act. allege MTN made payments to the Taliban and al-Qaeda to secure its operations in Afghanistan, claims the company has consistently denied.
The Zobay v MTN Group Limited case, together with the related Long v MTN Group Limited matter, will now proceed, with MTN saying discovery will allow it to produce evidence to disprove the allegations.
“Under US law and procedures, MTN could not challenge the factual allegations at the motion‑to‑dismiss phase. In the next phases of the litigation, MTN will, for the first time, have an opportunity to produce and solicit evidence to disprove plaintiffs’ allegations,” the cellular operator said.
Procedural
The company confirmed its requests to reconsider or permit an immediate appeal of the earlier ruling were denied, leaving the claims intact for now.
MTN emphasised the decision was procedural, not substantive, and insisted it remained confident the evidence would clear its name.
Human toll
The operator acknowledged the human toll of the conflicts in Iraq and Afghanistan but rejected any suggestion of culpability.
“MTN has deep sympathy for those who have been injured or lost loved ones as a result of the conflicts in Iraq and Afghanistan. MTN continues to believe the evidence will demonstrate that MTN was not a culpable participant in the attacks at issue.”
Legal strategy
The company pledged to fight the claims on every front.
“MTN will continue to defend the proceedings vigorously, consider all available legal options and update shareholders on material developments as appropriate,” it said.
Confident
MTN repeated its confidence that the discovery phase would allow it to demonstrate its innocence, stressing it had never been a “culpable participant” in the attacks at issue.
“MTN will continue to defend the proceedings vigorously, consider all available legal options and update shareholders on material developments as appropriate.”
