The constitutional court has granted Vodacom leave to appeal in its ongoing legal battle with “please call me” inventor Nkosana Makate, meaning the case, which has been dragging on for the past 17 years, is yet to reach a conclusion.
In a scathing judgment handed down by acting deputy chief justice Mbuyiseli Madlanga, the matter has been sent back to the supreme court of appeal, with the court ordering that it be heard by a different panel of judges. The court found that the supreme court failed in its “duty of proper consideration” when reviewing the case.
Makate has been ordered to pay the legal costs of Vodacom’s counsel at the constitutional court, including the cost of three senior counsel. The judgment was unanimous.
“This court has agonised over Vodacom’s submissions about a court’s disregard of facts constituting a failure of justice,” said acting deputy chief justice Mbuyiseni Madlanga.
The constitutional court found that the surpreme court of appeal (SCA) failed in its duty by not granting Vodacom a fair trial.
Madlanga said the appeals court, in its appraisal of the matter, failed to determine whether the finding made by Vodacom Group CEO Shameel Joosub that Makate should be awarded R47-million was indeed inequitable.
Furthermore, Madlanga said the appeals court appeared not to have considered whether the alternative calculation model given by Makate, in which claimed he should be awarded R9.6-billion, was incorrect – even though there was evidence to suggest that it was.
‘Breach’
“Shortcomings of this nature on such a crucial issue constitute a breach of proper consideration,” said Madlanga, adding that this was just one example where the appeals court fell short — with more to be outlined in the full judgment, which has not yet been published on the constitutional court’s website.
Vodacom had submitted to the court that the supreme court had acted beyond its jurisdiction by substituting a high court order with an order of its own. “The SCA thus determined on matters that were not before it, in breach of the rule of law and the right to a fair hearing,” said Vodacom.
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Vodacom further argued that the lower court either disregarded or misunderstood “swaths of evidence” presented to it in written and oral form and said this “disregard of facts” led to a “total failure of justice”. Makate’s legal team refuted these claims.
According Madlanga, the constitutional court had to consider just how flawed the lower court’s assessment must be for it to cross the line and constitute a failure of justice, and thus, a violation of the rule of law.
Responding to the judgment, a Vodacom spokesman said the company is “pleased that the constitutional court has upheld its appeal, with the case referred to a new panel of the supreme court of appeal. Vodacom will now review the judgment in full and take appropriate next steps.”
Makate could not immediately be reached on his mobile phone for comment.
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Vodacom’s share price jumped on the news of the company’s victory at the constitutional court. It traded more than 5% higher shortly after the judgment was handed down and was last quoted 2.3% higher at R143.05. — (c) 2025 NewsCentral Media
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