Lele Modise – GC Powerlist
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South Africa 2024

Telecommunication services

Lele Modise

Group chief executive - legal and regulatory officer | MTN Group

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South Africa 2024

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Lele Modise

Group chief executive - legal and regulatory officer | MTN Group

Team size: 30

What are the most significant cases and transactions that your legal team has recently been involved in?

The legal team has been involved in various significant cases, with the most notable ones being the lawsuits under the American Anti-Terrorism Act. These cases are complex and multifaceted. In a federal lawsuit filed in New York, over 50 Americans allege that MTN and other technology companies engaged in business with the Islamic Revolutionary Guard Corps (IRGC), financing a terror campaign. Under my leadership, MTN successfully defended against two out of three counts brought before the court in 2021. The third case is still pending, awaiting an appeal lodged by MTN.

Furthermore, I helped thwart another long-running case against MTN. Turkcell instituted legal action seeking damages against MTN in the amount of $4.2bn, first in the U.S. District of Washington and then in the High Court of South Africa. The High Court dismissed the application by Turkcell in December 2022, marking a major victory for MTN.

My team and I are also supporting MTN’s exit from the Middle East, and we have already successfully exited Yemen and Syria. The exit process is complex, and it is a significant achievement for our legal team to successfully support this process.

In pursuit of MTN’s Ambition 2025 strategy, our M&A team and I are actively supporting the sale of a minority stake in MTN’s Fintech business to MasterCard. The structural separation of MTN’s Fintech and Fibreco businesses is also underway. This initiative includes the rebranding of Bayobab (FibreCo entity) and MoMo, along with a comprehensive programme to extract the maximum value from MTN’s IP portfolio.

Looking forward, what technological advancements do you feel will impact the role of in-house legal teams in the future the most? Which have you found most useful in your legal team?

Artificial Intelligence is one of the key technological advancements that will impact the role of legal counsel. We are already seeing AI tools such as Casetext-CoCounsel, ClickUp, and Lex Machina in the market.

MTN is currently investigating the use of AI to enhance the efficiency of the legal and regulatory team and to save costs. However, AI tools must be implemented with caution. In the field of law, a pure AI approach without human intervention is not possible. We have already seen cases in the U.S. where attorneys have used citations in litigation obtained from AI tools, only to discover that the citations and legal authority used are not credible.

The most useful AI tools would be those capable of assisting with research by generating appropriate information, which should then be reviewed for credibility by the legal team. Additionally, there are tools that can support the litigation process by assessing cases to gain insights into the prospects of success, analysing risk, and providing research support to reduce costs.

How do you suggest in-house lawyers build strong relationships with business partners?

I believe in the concept of a ‘trusted advisor’. When in-house attorneys are seen by business partners as trusted advisors, it is more likely that matters, especially risks, will be brought to their attention early, preventing further escalation of issues or, worse, the non-disclosure of issues due to a lack of trust. Fostering open communication, understanding business strategy, and aligning with targets provide a platform for proactive legal guidance and collaboration. It is important for in-house counsel to recognise that they support a business whose aim is to generate revenue. I encourage my team to offer elegant solutions to problems as opposed to simply pointing out legal impediments without providing a resolution.

About

Lele Modise was appointed to MTN as chief legal counsel in May 2019 and was subsequently appointed as chief legal and regulatory officer in 2021. Under her leadership, the legal and regulatory functions were successfully integrated under the banner of #OneLegal, creating a new and streamlined team.

Furthermore, Lele serves as the vice chair of the International Telecommunications Union (ITU)’s Advisory Group on Development Issues and Private Sector Chief Regulatory Officers (IAGDI-CRO). The ITU, a United Nations standard-setting body for the telecommunications industry, focuses on development sector priorities, including resource mobilisation, international cooperation, affordable connectivity, and digital transformation.

Together with the chair and co-chair, Lele’s role through the ITU is to channel the industry’s policy issues to policymakers and regulatory authorities. Additionally, she represents MTN on the GSMA (the mobile global industry body) Global and Sub-Saharan Africa (SSA) and Middle East and North Africa (MENA) Policy Groups. Under Lele’s leadership, MTN has been actively involved in leading public policy and advocacy initiatives on various topics such as taxation, over-the-top services (OTTs), and low Earth orbit/high-altitude platform station (LEO/HAPS).

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