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Johannesburg - A black consortium has failed to interdict Vodacom from going ahead with its planned R7.5bn empowerment deal.
On Friday the Johannesburg High Court dismissed Tiger Consortium's urgent application against the cellular provider, with costs.
The application was dismissed as not urgent and also as not being a special plea of nonjoinder.
A delighted Vodacom spokesperson, Dot Field, said: "We are satisfied with the ruling and we can now continue with the BEE transaction as originally envisaged."
Tiger had approached the court to interdict Vodacom from continuing with its long-awaited transformation action.
Tiger, established in 2004 to acquire a BEE equity stake in Vodacom, apparently includes attorney Mafika Sihlali and Lester Peteni, the chairperson of Nulane Investments, which holds 31% of Huawei Technologies SA.
The consortium also has 5 :000 members who own Vodacom's 35 000 community service telephones and Vodashop and Vodacom4U franchises.
Tiger was among 60 bidders for shares to be allocated to strategic partners that could add value to the business.
Tiger allegedly failed to impress the adjudicators and was eliminated.
On April 25 Vodacom selected Royal Bafokeng Holdings and Thebe Investment Corporation as preferred partners for its BEE deal.
Later this month Vodacom - jointly owned by Vodafone and fixed-line telecoms operator Telkom - expects to announce the terms of the BEE deal.
Vodafone this week offered to buy a further 12.5% stake in Vodacom for about R18bn.
A deflated attorney for Tiger, Bogiso Mfoloe, said: "The ruling means we have to go back to court and try again."
Preddy Mothopeng from Mzanzi Youth Business in Coalition said they would continue to support Tiger Consortium's legal challenge.
"We regard the current Vodacom deal between Thebe Investment and Royal Bafokeng as a non-BEE transaction," he said.
- City Press