South Africa’s Constitutional Court will hear an application from Vodacom Group seeking leave to appeal a ruling that requires the company to pay billions of rands in compensation to a former employee for an idea he proposed over two decades ago.
The court issued a directive to hear Vodacom’s application to challenge the ruling in the “Please Call Me” case, where Kenneth Makate is entitled to compensation estimated between R29 billion and R63 billion.
Vodacom confirmed in a statement on Tuesday that the Constitutional Court will consider both the application for leave to appeal and the appeal against the Supreme Court of Appeal’s judgment.
Makate, while employed by Vodacom, developed the “Please Call Me” (PCM) service in 2001, a feature that generated substantial revenue for the company.
Despite this contribution, Makate has been engaged in a prolonged legal battle to receive fair compensation.
In 2016, the Constitutional Court recognized Makate as the inventor of the “Please Call Me” service and affirmed his right to be compensated.
However, the court tasked Vodacom’s CEO, Shameel Joosub, with determining a fair payout. Joosub proposed a R47 million settlement, which Makate rejected, deeming it an insult given the service’s success.
Consequently, Makate filed for a judicial review in the Gauteng High Court.
In February 2022, the Gauteng High Court set aside the CEO’s determination and ordered a reconsideration of the settlement.
Vodacom subsequently filed for leave to appeal the High Court’s decision. On February 6, 2024, the Supreme Court of Appeal dismissed Vodacom’s appeal with costs. Now, the case is set to be heard by the Constitutional Court as Makate continues his fight for adequate compensation.
Also read: GUGU LOURIE: Top court must assert authority with final judgment in Makate vs Vodacom case
South Africa’s Constitutional Court appears to be failing Please Call Me (PCM) inventor Kenneth Nkosana Makate to resolve his 16-year legal battle for compensation from telecom giant Vodacom.
While employed by Vodacom, Makate developed the innovative PCM service in 2001, which raked in billions of rand for the company. Despite this significant contribution, the former Vodacom employee is still engaged in a relentless legal battle for fair compensation. On February 6 2024, the Supreme Court of Appeal (SCA) dismissed Vodacom’s appeal with costs.
The SCA further ordered Vodacom to pay Makate between 5% and 10% of the total revenue that the service generated over the past 18 years. However, Vodacom applied to the Constitutional Court for leave to appeal against the SCA judgment and subsequent settlement order. It appears that Vodacom’s move has served only to further delay the settlement of the matter.
Also read: Vodacom Criticises Makate’s “Please Call Me” Ruling As ‘Fundamentally Flawed’
By Staff Writer
Vodacom has taken its case to the Constitutional Court, aiming to overturn a judgment from the Supreme Court of Appeal regarding the “Please Call Me” dispute, which it deems “fundamentally flawed.”
This move follows the dismissal by the Supreme Court of Vodacom’s application for leave to appeal against a prior High Court ruling. The Supreme Court directed Vodacom’s CEO, Shameel Joosub, to extend a new offer to Nkosana Makate, operating on the premise that Makate had an 18-year contractual relationship with the company.
