Vodafone, the global telco based in London, has hit a legal stumbling block in its attempt to intervene in the long-running court dispute between Vodacom and Nkosana Makate, the creator of the “Please Call Me” service.

Vodafone and Vodacom maintain a close relationship. Vodafone holds a significant stake in Vodacom. As of 2024, Vodafone owns 60.5% of Vodacom.

Vodafone’s request to join the case as Amicus curiae (a friend of the court) was denied, marking the latest twist in the drawn-out battle over compensation for the widely-used messaging innovation.

The letter to Vodafone reads in part: “The Constitutional Court has considered the application for admission as amicus curiae. It has concluded that the application should be dismissed as no case has been made out for admissionas amicus curiae. The Court has decided not to award costs.”

Understanding the amicus curiae role in litigation and how it affects costs orders

The term amicus curiae is loosely translated from Latin as a ‘friend of the court’. This traditionally refers to a person (natural or juristic) who is admitted into litigation by a court at such court’s discretion for purposes of assisting the court on matters that are complex and beyond the court’s field of expertise.

An amicus curiae has no direct interest in the litigation, it joins the proceedings as a friend and not a litigant, its purpose being to assist the court in matters that may be out of the court’s field of expertise or matters that may be of interest to such a friend of the court.

The Vodacom Group is seeking leave to appeal a Constitutional Court ruling ordering it to pay “fair compensation” to the former employee, Makate, for an idea he proposed over two decades ago.

While employed by Vodacom, Makate developed the “Please Call Me” (PCM) service in 2001, a feature that generated substantial revenue for the company.

In 2016, the Constitutional Court recognised Makate as the inventor of the “Please Call Me” service and affirmed his right to compensation.

Also read: SA’s ConCourt to Hear Vodacom’s Appeal In Please Call Me Inventor Nkosana Makate Case

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.

Also read: GUGU LOURIE: Top court must assert authority with final judgment in Makate vs Vodacom case

GUGU LOURIE: Top court must assert authority with final judgment in Makate vs Vodacom case

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02 June 2024 – 05:56

by GUGU LOURIE

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.

Three months after Vodacom lodged the matter with the Constitutional Court, no date has yet been set for the hearing. Like all other courts, the Constitutional Court has a backlog of cases. Perhaps the Makate case is not considered urgent. If judge Mandisa Maya is appointed chief justice, replacing Raymond Zondo who is retiring, she must ensure that this case — considered the biggest settlement case in the history of South Africa’s judiciary — is concluded without further delay. If not, then Makate would have been undeniably let down by the Constitutional Court.