Vodacom Appeals Supreme Court Of Appeal Judgment On The ‘Please Call Me’ Matter

Vodacom Appeals Supreme Court Of Appeal Judgment On The ‘Please Call Me’ Matter. Vodacom has announced that it has lodged an application with the Constitutional Court for leave to appeal the Supreme Court of Appeal’s (SCA) judgement and order on the Please Call Me matter delivered on 6 February 2024.

The company said in a statement, “As a responsible corporate citizen, Vodacom is respectful of the judicial system and abides by the laws of South Africa. Having considered the SCA judgment and order, it is Vodacom’s view that there are key aspects of this matter which do not accord with the spirit of the law and that the judgment and order are fundamentally flawed. It is apparent from the dissenting judgment of the SCA that the majority judgment overlooked or ignored many of the issues between the parties and their evidence and submissions relating to those issues.”

The company said that the impact of the SCA Judgment, if it is to be upheld, would be vast and wide-ranging on both Vodacom South Africa and Vodacom Group, as well as the attractiveness of South Africa as an investment destination. The company emphasised that it would negatively impact its employees, shareholders and Vodacom’s contribution to public finances. It would also have an impact on the company’s network investment, coverage, and social programmes.

Vodacom has previously negotiated with Mr. Makate in an attempt to agree to a compensation payable to him. These efforts, to date, unfortunately have failed. Vodacom says it remains open to constructive dialogue and good faith negotiations and, without prejudice to its Constitutional Court Appeal process, to agree a fair and reasonable amount as compensation for Mr Makate’s idea that led to the development of the PCM product.

By Thomas Chiothamisi
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