Please-Call-Me inventor Nkosana Makate’s idea is one of the most brilliant ideas there has ever been.
The Please-Call-Me idea solved key problems for Vodacom and its customers.
With these arguments, Makate’s lawyer, Advocate Stuart Scott, told the Constitutional Court on Thursday that Makate deserved to be compensated an amount of R9,4-billion by Vodacom.
The Constitutional Court heard an application by telecommunications giant Vodacom. It is to appealing an SCA judgement setting aside a R47-million offer that Vodacom made to Makate five years ago in 2019. Makate is opposing Vodacom’s application.
In February this year, 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.
R63bn a fair compensation for his idea
Calculation estimations showed that Vodacom should pay Makate an amount ranging from R9-billion to R63-billion. This was deemed as fair compensation for his idea. But Makate intends to settle for R9.4-billion.
The case was heard by Chief Justice Mandisa Maya, acting Deputy Chief Justice Mbuyiseli Madlanga, Justices Nonkosi Mhlantla, Leona Theron, Steven Majiedt, Zukisa Tshiqi, Rammaka Mathopo, Owen Rogers and Acting Justice Rishinand Seegobin.
Previously, in 2022, the Pretoria High Court ruled that Vodacom must pay Makate more than the R47-million it offered him. Vodacom, through its CEO Shameel Joosub, offered Makate R47-million in compensation in the long running saga. Makate rejected it.
During court proceedings, Scott said Makate wants R9,4-billion in compensation. And paying him would not kill Vodacom, which spends billions of rands on network development.
Scott said Vodacom made billions from Makate’s Please-Call-Me invention. Thus he should be rightfully justified for it.
“This is one of the most brilliant ideas there has ever been. And this idea solved key problems for Vodacom and customers. When a customer did not have airtime, they could not make calls. A customer’s handset was literally dead…” said Scott.
Vodacom’s lawyer disagreed
Earlier, Vodacom’s lawyer, Adv Wim Trengrove, said Makate cannot be entitled to up to R63-billion. Vodacom’s offer to him of R47-million, now R80-million after adding interest, is fair and equitable, he said.
Trengrove said the SCA judgement is not implementable, and ruins Vodacom and its programs.
He argued that the Please-Call-Me idea lost commercial value as MTN implemented it first. And the Please-Call-Me that was rolled out differed from Makate’s buzzing idea. Trengrove used these points to strengthen his case that Makate is not entitled to anything above the R80-million Vodacom is offering him.
Judgement reserved
Maya said judgement has been reserved.
Thursday marked exactly 24 years since Makate gave his Please-Call-Me idea to Vodacom on November 21 2000.
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, generating billions of rands for Vodacom.
The Please Call Me service allows network users to send free messages asking for a call back.
Supporters packed courtroom to follow the longstanding case
The courtroom gallery was packed with members of the public and the media. Gauteng Premier Panyaza Lesufi and provincial education department spokesperson Steve Mabona were in attendance. Pro-Makate supporters were also in attendance.
The battle between Makate and his former employers began in 2008.
The Constitutional Court will either dismiss Vodacom’s application for leave to appeal. And give orders as to how the SCA ruling should be implemented. Or it will grant Vodacom’s application, hear the merits of the appeal, and make a ruling.
Makate, 48, was 24-years-old when he came up with the Please-Call-Me idea in 2000. He was motivated by the need to communicate with his girlfriend at the time, who is now wife. Makate had bought her a cellphone back then. They got married in 2004, and have three daughters.
