The Constitutional Court has referred Nkosana Makate’s case, the inventor of Please Call Me, against Vodacom back to the Supreme Court of Appeal.
The judgment, delivered by outgoing ConCourt Justice Mbuyiseni Madlanga on Thursday, spells another long wait until the matter, which could result in Makate being awarded R47-million or over R10-billion for the Please Call Me invention.
The Constitutional Court delivered the judgment in favour of Vodacom during a special court sitting in Braamfontein, Johannesburg.
The unanimous judgment was penned and read by Madlanga to mark his retirement and last day as a Constitutional Court judge.
Madlanga said the Supreme Court of Appeal (SCA) decision in February 2024 to set aside Vodacom’s offer to Makate is invalid.
Madlanga said the SCA judgement of February 2024 is set aside.
Matter sent back to the SCA
Madlanga said the matter between Vodacom and Makate must be remitted back to the SCA and heard again.
On November 21, 2024, Vodacom brought an application to the Constitutional Court to appeal a February 2024 SCA judgment that set aside a R47-million offer that Vodacom made to Makate six years ago in 2019.
Makate opposed Vodacom’s Constitutional Court application, citing that he deserved to be compensated R9.4-billion by Vodacom.
The November 2024 appeal application at the Constitutional Court was heard by Chief Justice Mandisa Maya, Madlanga, and Justices Nonkosi Mhlantla, Leona Theron, Steven Majiedt, Zukisa Tshiqi, Rammaka Mathopo, Owen Rogers, and Acting Justice Rishinand Seegobin.
The Constitutional Court’s objective was to either dismiss Vodacom’s application for leave to appeal and give orders as to how the SCA ruling should be implemented or grant Vodacom’s request, hear the merits of the appeal, and make a ruling.
Vodacom’s appeal dismissed
In February 2024, the SCA dismissed an appeal by Vodacom and ordered the company to pay Makate an amount ranging between 5% and 7.5% of the total revenue made through the Please Call Me service for more than 18 years.
Calculation estimations showed that Vodacom should pay Makate an amount ranging from R9-billion to R63-billion as fair compensation for his idea, but Makate intended to settle for R9.4-billion.
Previously, in 2022, the Pretoria High Court ruled that Vodacom must pay Makate more than R47-million it offered him in the long-running saga.
Vodacom, through its CEO Shameel Joosub, offered Makate R47-million compensation for his Please Call Me idea. Makate rejected it.
Makate was represented by his lawyer Stuart Scott, and Vodacom was represented by its lawyer, Advocate Wim Trengrove SC, during the November 2024 appeal application.
In November 2024, Vodacom argued that Makate cannot be entitled to up to R63-billion and Vodacom’s offer to him of R47-million, now R80-million after adding interest, is fair and equitable.
Makate gave his Please Call Me idea to Vodacom on November 21, 2000.
The battle between Makate and his former employer began in 2008 when he was a trainee at the company.
Idea rolled out in 2001
During his time with the company, he came up with Please Call Me, an idea Vodacom bought into, and rolled out in March 2001, which proved to be a success, allegedly generating billions of rands for Vodacom.
The Please Call Me service, which has earned Vodacom billions of rands, allows network users to send free messages asking for a call back.
Makate (48) was 24 years old when he came up with the idea in 2000.
He was motivated by the need to communicate with his girlfriend at the time, now wife, for whom he had bought a cellphone.
Makate and his wife got married in 2004 and have three daughters.
