Giant connectivity and digital service entity Vodacom has made a call to a mining company suing “Please Call Me” inventor Nkosana Makate to please leave it out of their messy civil lawsuit.
The entity Black Rock Mining (BRM) has launched an urgent application for a court order to interdict Vodacom from paying Makate hundreds of millions in settlement for their 18-year-old intellectual property dispute over the “Please Call Me” cellphone service he invented whilst working for the company.
The incorporation’s former director, Errol Elsdon, wants Vodacom to rather pay 40% of the funds into the account of Makate’s lawyers, Stemela and Lubbe Attorneys, until the matter is finalised in a court of law.
Makate is cited by BRM as the first respondent, while his lawyers, Stemela & Lubbe Attorneys, and Vodacom are cited as the second and third respondents, respectively.
While Makate and Lubbe Attorneys are sharpening their knives for a titanic courtroom mano-a-mano with BRM, Vodacom has asked to be disconnected from the “duels”. Vodacom nailed its colours to the mast in a letter by its lawyers, Leslie Cohen & Associates, addressed to BRM’s lawyers, SN Mnguni Attorneys, on November 10.
“We acknowledge receipt of your letter dated the 10th instant, the contents whereof have been noted. On 2 November 2025, our client and Mr Makate settled the litigation in terms of a confidential settlement agreement in which our client agreed to pay Mr Makate a settlement amount. Our client will abide by any order issued by a competent court, as it has no desire to become embroiled in a dispute between your client and Mr Makate,” reads the letter.
Shortly after the transmission of the letter, BRM filed an urgent application in the Johannesburg High Court to interdict Vodacom from paying Makate the funds, estimated to be between R350-million and R750-million. “Pending final determination of Part B of this application, the third respondent is interdicted and restrained from making payment in respect of any award/settlement concluded between the first respondent and the third respondent pursuant to the so-called “Please Call Me” litigation into any bank account other than the trust bank account of the second respondent.
“The second respondent is interdicted and restrained from paying out 40% of the proceeds being held by it in trust. The second respondent shall provide to the applicant a full and transparent disclosure of the settlement quantum, terms, conditions, payment timelines and the account to which payment is to be, alternatively was made,” read the papers.
BRM said it will make an application for the matter to be heard in the normal court on Thursday, December 2, or soon thereafter, and until then, Vodacom should not pay a cent to Makate or anyone else.
“Pending final determination of an action to be instituted by the applicant within 30 days of the date of this order, the third respondent is interdicted and restrained from making payment in respect of any award/settlement concluded between the first respondent and the third respondent pursuant to the so-called “Please Call Me” litigation, into any bank account other than the trust bank account of the second respondent,” read the papers.
In his founding affidavit, Eldson says he has funded Makate’s legal costs since the beginning of his legal battle against Vodacom in 2008. He said he raised R500 000 after being told that the litigation costs would be approximately R750 000. In July 2013, he said, Lubbe advised him they needed R500 000 more for the costs, and he used BRM to raise it.
“On or about 18 July 2013, Mr Schoeman, therefore, appointed Black Rock as the nominated company in terms of the funding agreement. I raised £250 000 (about R3 750 000 at that point in time) from a London investor, the Global Distressed Alpha Fund Ill, represented by its agent, Simba Capital VIll Särl. In total, an amount of R4 390 000 was raised and applied to fund the litigation.
“Of this, R2 400 000 was paid to Stemela & Lubbe in respect of fee disbursements, with the balance applied to counsel, witnesses and litigation expenses.”
In his opposing affidavit, Makate claims BRM has no claim on the funds because their agreement was terminated a long time ago. However, Edlson insists, “There was therefore never a valid termination addressed to Black Rock.”
