Vodacom Set To Appeal Please Call Me Judgement Before The Constitutional Court Of South Africa
Vodacom Set To Appeal Please Call Me Judgement Before The Constitutional Court Of South Africa. South African telecommunications company Vodacom has announced that it is going to appeal the Supreme Court’s dismissal of its appeal before the Constitutional Court of South Africa in its case against Nkosana Makate, who is the South African who proposed the “Please Call Me” concept to Vodacom. The Supreme Court of Appeal this week ordered Vodacom to determine a new compensation for ‘Please Call Me’ inventor Nkosana Makate – within 30 days of the order.
The company said in a statement, “Vodacom notes the judgment of the Supreme Court of Appeal of South Africa (“Supreme Court”) in the case of Vodacom (Pty) Ltd v Makate (Please Call Me matter), which was handed down on 6 February 2024. The judgment of the Supreme Court dismissed Vodacom’s appeal. Vodacom is surprised and disappointed with the judgment and will bring an application for leave to appeal before the Constitutional Court of South Africa (“Constitutional Court”), within the prescribed period.”
According to court documents, Vodacom is ordered to pay Makate between 5% and 7.5% of the total voice revenue generated by the Please Call Me service, derived from prepaid or contract offerings from March 2001 to March 2021 (18 years), including interest.
The company continued to say, “In line with a 2016 Constitutional Court order, Vodacom’s CEO determined reasonable compensation of R47 million to Kenneth Nkosana Makate for the Please Call Me idea. Mr Makate rejected this determination and brought an application to the Gauteng Division of the High Court of South Africa (“High Court”) to have the Vodacom CEO’s determination judicially reviewed and set aside.”
On 8 February 2022, the High Court set aside the Group CEO’s determination and ordered him to reconsider the settlement offered to Mr Makate. Vodacom launched an application for leave to appeal on 25 February 2022 against the judgment and order of the High Court. On 6 February 2024, the Supreme Court handed down its judgment. With Vodacom not being happy with the outcome, it is determined to bring an application for leave to appeal before the Constitutional Court of South Africa as it believes it is offering Mr Makate adequate payment for the “Please Call Me” concept.
