MTN said that while there was no binding agreement between the parties, it continued to transmit and terminate SMS messages originating from WBS/iBurst on MTN’s network.
However, MTN said that WBS/iBurst refused to pay MTN for such services, and as a result MTN terminated services to WBS/iBurst.
“MTN has no legal obligation to render such services and in particular, where such services are not being paid for,” said Fusi Mokoena, MTN SA general manager of commercial legal.
WBS/iBurst approached the High Court for an order to force MTN to reinstate the services to WBS/iBurst.
“This matter was argued before the South Gauteng High Court on Tuesday and Thursday last week [10 and 12 June 2014] and judgement will be delivered at 14h00 today [17 June 2014],” said Mokoena.
WBS/iBurst was asked for comment, but the company did not respond by the time of publication.