Wireless Business Solutions (WBS) has been ordered to pay Vodacom an SMS termination bill of R41,469,763.95.
It must also pay interest on the amount at the prime overdraft rate charged by Standard Bank plus 4% calculated from the date that payment was due for each invoice, to the actual date of payment in full.
The judgement was handed down in the Johannesburg High Court on 14 September. The judge also ordered WBS to pay the costs of the suit.
During the course of the case, WBS argued that its Short Message Interconnection (SMI) agreement with Vodacom was rendered invalid and unenforceable.
The terms of the agreement encompass the termination of direct marketing messages from the WBS network onto the Vodacom network.
However, the judge ruled that the exceptions WBS presented were not valid and it had to pay the outstanding invoices.