Inventor Nkosana Makate says he is resilient and determined to go back to the Supreme Court of Appeal (SCA) to win the case against telecoms giant Vodacom.
Makate was speaking on Thursday after the Constitutional Court referred the case back to the SCA.
“I am resilient. We will go back to the SCA. We will do what we have to do; I do not expect any free lunches,” said Makate.
“I expected a different decision, but we will abide by the court’s decision. We will go back to the SCA.
“The SCA must relook at things and provide us with a judgment that will stand the test of time. I am definitely convinced we will present a strong case.”
Court rules in favour of Vodacom
The judgment, delivered by outgoing Constitutional Court Acting Deputy Chief 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 session in Braamfontein, Johannesburg.
The unanimous judgment was penned and read by Madlanga to mark his retirement and last day as a Constitutional Court judge.
In his order, Madlanga said Vodacom has been granted jurisdiction to appeal the SCA’s decision in February 2024 to set aside Vodacom’s R47-million offer to Makate.
The SCA judgment has been set aside, he said, highlighting that the matter must be remitted back to the SCA and heard again afresh in front of a new panel of judges to determine whether Vodacom’s R47 million offer to Makate is fair and equitable.
He further ruled that Makate must pay the legal costs of Vodacom.
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 made to Makate six years ago in 2019.
Makate opposed Vodacom’s application, citing that he deserved to be compensated R9.4-billion.
Vodacom’s appeal dismissed
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.
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, the Constitutional Court had ruled that Vodacom must compensate Makate for the invention, and the company’s CEO, Shameel Joosub, must determine the amount.
Joosub offered Makate R47-million compensation for his Please Call Me idea, which he turned down.
Invention generated billions for Vodacom
During the November 2024 appeal application, Makate was represented by Stuart Scott, and Vodacom was represented by Advocate Wim Trengrove SC.
At the time, Vodacom argued that Makate cannot be entitled to up to R63-billion, and offered him R47-million, now R80-million after adding interest.
Makate offered his Please Call Me idea, which proved to be a success and allegedly generated billions of rands for Vodacom, to the company on November 21, 2000.
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, for whom he had bought a cellphone.
The couple got married in 2004 and has three daughters.
