In a battle that has spanned 16 years, this week marked the finale in the most talked about case in South Africa, if not the world.
Former Vodacom employee Nkosana Makate’s “Please-Call-Me” case was heard in the Constitutional Court, where the telecoms giant had filed an application for leave to appeal against the judgment of the Supreme Court of Appeal.
The apex court’s judgment was reserved.
Makate told Sunday World he was upbeat and happy about how his legal team had represented him. “Now I leave everything in the hands of the judges of the Constitutional Court. I am happy with how my legal team presented my case in front of the court, and the appeal of Vodacom had no constitutional basis and aspects,” said Makate.
“I am very positive about victory as I believe that we have presented the jurisdiction element very well. I believe that the Constitutional Court will rule in my favour,” he said.
On Thursday, Gauteng Premier Panyaza Lesufi and the spokesperson of the provincial education department Steve Mabona were also in court to observe proceedings.
Makate, a financial director at the South African Local Government Association, also received massive support from people who came from Katlehong in Ekurhuleni, where he was born 48 years ago. “I am grateful for the support I received from the beginning to this end from everyone in the country and the world.
“Here we are today as a collective gearing to the finish line. I am proud that this case has changed some of the laws in this country and this also proved that even an unsung hero can take on a giant and shake the world,” said Makate.
Makate’s legal representative advocate Stuart Scott told the court that Vodacom has been raking in a lot of money through Makate’s idea and that he was never even paid a single cent for his brilliant invention.
Scott told the Constitutional Court on Thursday that Makate deserved to be compensated an amount of R9.4-billion by Vodacom. “Makate’s idea has been equated to Google; in other words, it wasn’t just a brilliant idea, it was one of the most brilliant ideas that’s ever been.”
Earlier, Vodacom’s lawyer, Adv Wim Trengrove, said Makate could not be entitled to up to R63-billion and that the company’s offer of R47-million, now R80-million after adding interest, was fair and equitable.
Trengrove said the SCA judgement was not implementable, and ruined Vodacom and its programmes.
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.
