The Constitutional Court has yet to deliver judgment in the high-stakes Please Call Me case between Nkosana Makate and Vodacom, a subsidiary of British telecom giant Vodafone.
The matter was heard on 21 November 2024, but six months later, the ruling remains pending.
Vodacom is appealing a Supreme Court of Appeal (SCA) decision that overturned its initial R47 million compensation offer, rejected by Makate in 2019, and ordered the company to make a new offer.
Makate is demanding R9.4 billion for his invention, which Vodacom has profited from since 2000.
Vodacom Used Makate’s Invention For Years Without Paying
Makate’s lawyer, Stuart Scott, argued in court last November that Vodacom continues to benefit from the Please Call Me idea without compensating its creator.
“Makate is in court this morning and he’s now 48 years old. He is still waiting for his compensation from Vodacom, and they have been using his invention for 24 years,” Scott said.
Despite multiple court victories, including a 2016 Constitutional Court ruling ordering Vodacom to pay Makate, justice remains delayed.
Last year, the SCA reaffirmed his right to 5% of PCM revenue for 18 years, a figure Vodacom once acknowledged in court documents.
Yet, after nine court losses, Vodacom continues legal challenges while Makate waits.
Judgment Delay Despite Draft Orders Being Submitted
The Office of the Chief Justice (OCJ) confirmed to TechFinancials that no judgment date has been set:
“A date for the handing down of judgment in the Constitutional Court matter Vodacom (Pty) Limited v Kenneth Nkosana Makate and Another, Case Number CCT51/24, is yet to be set. Parties to the matter will be informed accordingly when the Court is ready to hand down judgment.”
This delay persists despite both legal teams submitting draft orders, a step that could have paved the way for a settlement.
Notably, the Constitutional Court has already ruled on all other November 2024 cases, leaving Makate vs Vodacom as the sole outstanding matter.
Other November Cases Already Decided
Recent judgments from the same session include:
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7 May 2025: A ruling on copyright law gaps after Blind SA v Minister of Trade, Industry and Competition (heard 28 November 2024).
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6 May 2025: A decision on automatic citizenship loss for dual nationals (heard 5 November 2024).
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30 April 2025: A challenge against a prison ban on inmate computers (heard 14 November 2024).
As the wait continues, Makate’s 25-year fight for fair compensation remains unresolved: while Vodacom’s profits from his idea keep growing.
GUGU LOURIE: It’s time to end Vodacom’s 25-year battle against Makate
After nine court losses, Vodacom continues engaging in legal manoeuvres while Nkosana Makate waits for fair compensation
This past weekend, I rewatched ReMastered: The Lion’s Share, the heartbreaking 2019 documentary about Solomon Linda, the Zulu musician who composed Mbube (later The Lion Sleeps Tonight) in 1939. The documentary chronicles South African journalist Riaan Malan’s efforts to help Linda’s family secure fair compensation.
When Linda died in 1962, he had just $25 in his bank account, while those who appropriated his music and culture continued to smile all the way to their banks.
It took decades of global legal battles before Linda’s three daughters each received about $250,000 (R4.8m) from a settlement that expired in 2017 — a paltry sum compared to earnings from their father’s song.
“The whole case seemed to be infused with huge symbolic significance for South Africans, for a nation that had been on the losing side of history for such a long time,” Malan observed.
A similar historical injustice has reared its ugly head today in the matter of Nkosana Makate’s battle for fair compensation for his Please Call Me (PCM) invention.
GUGU LOURIE: Really Vodacom, it’s enough now
The mobile operator must just settle the ‘please call me’ saga already — it can easily afford to
11 Comments
I join pls call me movement
Good day, I personally think it’s about time that vidacom should stop its technical moves and pay Makate what is due to him.Vodavom is now inviting the entire citizens of this country to start mobilizing for a total boycot of their products. It’s easy and that we are about to do it.We shall collapse this institute and move to other service providers. We are not in any way pleased with this nonsensical attitude of vodacom.Had it been some different person from.a different ethnic group the payment would have been long payed. Vodavom should wake up and smell the coffee there’s no way that this attitude is making us happy.
I’m so disappointed about how
Makate issue was handle from the beginning. More than 20 years trying to justify themselves. Makate his not going to enjoy his money. I have been a very loyal service user since 1996/7 from 082 number for 15 years 9 years with 079 I haven’t porteted my number. Buying R55 of airtime on daily basis and borrowing at the same breath which they take 10 percent of R10 Imagine when I borrowed R50 everyday till R300 limit.
They need to give him 47m in the meantime if they are negotiating in good faith.
I’m very hurt struu🤞
Let justice be done to a black man black people globally have invented things and didn’t understand about royalties now is the time, we are standing firm that Vodacom must be part of recognition of black inventions and po ay the 5% to Makate
Amandla
Nkosana Makate shud rather take the R47m Vodacom offer, invest a great portion of the amount, the continue fighting for the remaining R8 billion.
Justice delayed is justice denied. Is the ConCourt struggling to find the jurist brave enough to slay Goliath metarmorpharically? But then the buck stops with the Chief Justice after all is said and done. Therein lies the rub.
Nkosana Makate shud rather take the R47m Vodacom offer, invest a great portion of the amount, then continue fighting for the remaining R8 billion.
You should never settle for less. You are demanding 5% of what they are making. The 25 years of waiting should reward you with the 9 billion you are asking.
Vodacom is full of nonsense. Why would Makate wait over 20 years to be compensated????? Are they hoping Makate would not live to see his enormous payday maybe??? I think it’s time we support him and demand that e is paid fairly…yerrrreeeee
But if we move to other network companies… He still losing his money..
The only thing that vodacom can do, they must give him shares in the company..
Because first of all, where are they going to get 9 billion.
Which means R10 is going to cost R30
Mobile data will cost more than what we are expirencing now.
What really hits home is how this idea—Makate’s simple yet revolutionary “Please Call Me”—generated billions in revenue for Vodacom since 2000, yet the inventor hasn’t seen his fair share . Despite nine court victories across various levels, there’s still no outcome.
I feel for Makate—he’s 48 now, waited through decades of legal battles, and his supporters are fed up. The #PleaseCallMe Movement even voiced their frustration publicly, calling out the judicial delays and demanding decisive action . “Justice delayed is justice denied,” they emphasize—and it’s hard to argue that point when this goes on for years.
This delay isn’t just a personal blow—it’s denting faith in the legal system. Reports highlight backlogs, staff shortages, and systemic inefficiency. Meanwhile, Vodacom continues to profit unchecked.
Bottom line: Makate deserves closure—and fairly, soon. This isn’t just about him—it’s about setting a precedent that South Africa values inventors and won’t let mega-players evade accountability.