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.
I can not see how Vodacom would put themselves in a position that could potentially cost millions now billions. Fact is this guy has no patents, and does not own the intellectual property. Therefore has no claim. If vodacom as an incentive wants to offer something in monetary terms this should be as a gesture of goodwill. Buzz is non existent. Mtn holds patent for Call me. This is pure claim is pure madness and holds little substance legally.
Fully agree with your sentiment. This guy ( and his legal team) are just opportunists.
Vodacom entangled itself by agreeing to pay this guy a certain percentage of profits from his idea that all, just that agreement ,because for me it was just an idea which still needed to be conceptualized it boils down to an agreement not patents or anything else
Everyone arguing on the side of Vodacom has it wrong, if there was an agreement to pay compensation then Vodacom should have done the right thing and paid him. They didn’t and now this will cost them dearly. I cancelled my Vodacom contract because of this case.
Shame, like the saying goes, “cutt of you nose to spite your face”, Vodacom won’t miss you. This guy is just greedy and his case has no merrit, he gave an idea that was implemented by MTN before heceven thought about it
You must keep on with your contract, so that you can help pay that billions. This guy is an opportunist, along with his legal team. Brycin put it properly that he has no patents and or rights to please call me. Companies that you work for expect you to grow in their business by adding value, be it ideas or whatever, so that you could be seen as an asset, for which you are remunerated. Some even give you a bonus. I’m not brighten Vodacom, but all businesses does that.
Stupid……. he deserves nothing
Could your journalists or editor please do some proper background checking on information before publication??
There was never any agreement for compensation in the past, and Mr Makate was not even the inventor of the Please Call Me system. MTN commercialized and patented the idea and system a before Vodacom launched a carbon copy.
The patent has since run out, but Vodacom was taken to court for copying the system back in the early 2000s when they launched it.
Please fact check your sources, this is how incorrect information spreads.
MR MAKATE SHOULD BE PAID FOR HIS IDEA.THE HIGH COURT MADE A RULING .
I surely hope they are not that foolish. This man is a greedy leech
It doesn’t matter what you’re saying vodacom will pay the guy eventually,like it or not.He deserve it for his ideas. I am happy for the man to drain lot of money from these greedy network companies
If it is not his “original” idea then he does not deserve to be paid out as he is NOT the inventor of the idea. He presented MTNs already created and implemented idea. You guys that want Vodacom to pay the guy just because U don’t like Vodacom is a problem. He should only be paid if it was his idea and not a stolen idea.
The case doesn’t talk to patents or trademarks. Whether MTN started with the idea does not have merit on the case. Vodacom is legally obliged to pay Makate.
Go get them homie these foreign investors are mad you deserve better than that 9.4bn that’s your idea wish you luck in the near future don’t forget to create employment for your community after the ruling 🙏💯👍🏼
What a hero, it’s exhausting having to go through this. I know everytime I try to sue someone for an idea of mine that didn’t even make it to market, but is kinda similar to something that another company actually patented so therefore I should get billions just because, it drains me completely!!
He should of accepted the R49m Vodacom offered him a number of years ago. That, in my humble opinion, was more than fair considering that he was an employee of Vodacom when he suggested that they copy the MTN version.