There was a point when Nkosana Makate was so strained by his legal battle with telecoms giant Vodacom over his Please Call Me invention that he thought of giving up.
“There was a time when I wanted to let it go, but I told myself that this is a battle, and I need to face it head on. I was stressed at times but I had to be firm that this was supposed to be done,” Makate told Sunday World this week.
The dragging legal battle, in which Makate wants the courts to compel Vodacom to pay him R9.4-billion for his invention of the popular system, is set down for the Constitutional Court next month.
“I had to understand the bigger picture, and as a person you stress, expecting quicker results, but you need to understand time lines. Every setback comes with a lot of stress but you should understand that when you have proper legal counsel, you will find the way forward.”
Vodacom’s black economic empowerment wing, YeboYethu has argued that if Makate gets rewarded for his multibillion-rand invention, it will destroy the livelihoods of the black shareholders completely.
Makate, who has been engaged in the fierce legal battle with the giant cellular phone network company for 16 years, told Sunday World on Thursday he is more resolute than ever.
In a breakthrough ruling made on February 6, the Supreme Court of Appeal, dismissed an appeal by Vodacom, and ordered the company to pay the Katlehong-born inventor, an amount ranging between 5% and 7.5% of the total revenue made through Please Call Me service for more than 18 years.
Calculation estimation showed that the telecom giant should pay Makate an amount ranging from R29-billion to R55-billion as fair compensation for his idea, but he intends to settle for R9.4-billion
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 on Thursday opened up about the stand-off with his former employer. “We have coped as a family even though it is not easy. I am glad that I have a very experienced legal team to deal with the matter of Please Call Me.
“The only thing that I didn’t understand was that the judgment had ta-ken almost four of the 16 years legal battle,” said Makate.
He said that previously when Vodacom did not want to entertain his case, he felt agitated but that did not deter him from standing his ground.
Makate, who is a father of three, said the family was coping and supportive on his quest.
“As a family, we are stronger and resilient as this battle continues. We are okay and coping well,” he said.
He said Please Call Me case had brought a vast change in the legal and judicial system. “There have been a lot of new and untested laws which have changed the system. We have judgments and case laws, as Please Call Me has also brought changes in the way judgments are made.
“The Please Call Me judgment is one of the most quoted in judgments. I believe that corporate companies should learn to go and engage people when there are issues.
“I think that courts have also woken up to this thing of corporate companies litigating people and running them dry. I believe that this landmark judgement will make courts protect vulnerable people,” said Makate.
When asked if the case has gotten him new friends, he said he still keeps his small circle of close friends.
Makate said people, across colour lines throughout the country, including the community of Katlehong, where he comes from, are very proud of how he is fighting this battle,.
Makate did not want to comment on the case, saying that the matter is still sub judice.
“There is currently a case at the Constitutional Court and I think we should allow the court to look at the matter and deal with it. It is sub judice and I don’t want comment on the merits of the case,” he said.
Makate is now a director in the finance control department of the South African Local Government Association.
While some may wonder if being at the centre of such a big storm may pose a security risk, Makate said he is not worried about his safety.
“I don’t have bodyguards looking after me or my family. I am going around as a free person without any concerns of having my life in danger. I never felt in danger.
“I was raised in the township streets and the streets will protect me. I am a street fighter. I don’t need bodyguards to protect me,” said Makate.
