ConCourt sends Vodacom ‘Please Call Me’ case back to appeals court
There has been no clear winner at the Constitutional Court in the long-running case between 'Please Call Me' inventor, Nkosana Makate and Vodacom.
The apex court ruled on Thursday that the matter be sent back to the Supreme of Court of Appeal to be heard again, under a new panel.
The SCA's 2024 judgment in the case has also been set aside.
In 2022, the Gauteng High Court set aside Vodacom's R47 million offer to Makate and ordered negotiations to resume.
The Supreme Court of Appeal last year ruled in line with this, finding that Makate is entitled to atleast 5% of the profits made from the service.
Acting Deputy Chief Justice Mbuyiseli Madlanga granted Vodacom's appeal, ruling that the SCA failed in its duty to properly consider the evidence before it.
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Madlanga says this violates the rule of law and Makate's right to a fair hearing.
"The appeal is upheld. The order of the Supreme Court of Appeal is set aside. The matter is remitted to the Supreme Court of Appeal to be reheard by a differently constituted panel of judges of that court.
"Each party must pay their own wasted costs in respect of the abortive hearing of the matter in the Supreme Court of Appeal. The first respondent must pay the applicant's costs in this court, including the costs of three council."
Makate was a trainee accountant at the telecommunications company when he shared his idea with his superiors in 2000.
He first sued Vodacom in 2008 claiming they had failed to honour a verbal agreement to compensate him.
Makate believes he is owed R9.4 billion for his invention.
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