Close Menu
TechCentralTechCentral

    Subscribe to the newsletter

    Get the best South African technology news and analysis delivered to your e-mail inbox every morning.

    Facebook X (Twitter) YouTube LinkedIn
    WhatsApp Facebook X (Twitter) LinkedIn YouTube
    TechCentralTechCentral
    • News
      Court bid could open the door to Starlink without new law

      Court bid could open the door to Starlink in South Africa

      11 November 2026
      Telkom wants Icasa's BEE rules eased for everyone, Starlink included

      Telkom wants Icasa’s BEE rules eased for everyone, Starlink included

      11 November 2026
      TCS | Pick n Pay fights back in online grocery wars - Vince Viviers

      TCS | Pick n Pay fights back in online grocery wars

      11 November 2026
      Malatsi briefed as power outage hits the SABC

      Malatsi briefed as power outage hits the SABC

      11 November 2026
      Mohammed Raiyan Sharif, left, and Mitchell Cox

      Wits uncovers a hidden effect in everyday optical fibre

      11 November 2026
    • World
      John Ternus faces first big test as Apple CEO - John Ternus

      John Ternus faces first big test as Apple CEO

      2 November 2026
      Alleged Israeli spy company heavily targeted Starlink users

      How online ads were used to hunt Starlink users

      28 October 2026
      Anthropic's IPO stands alone

      Anthropic’s IPO stands alone

      23 October 2026
      PHP flaws trigger global scramble as hackers pounce

      PHP flaws trigger global scramble as hackers pounce

      22 October 2026
      OpenAI turns the tables on Apple in trade secrets fight

      OpenAI turns the tables on Apple in trade secrets fight

      15 October 2026
    • In-depth
      Ducking hell: inside Apple's hidden list of words the iPhone won't suggest

      Ducking hell: inside Apple’s hidden list of words the iPhone won’t suggest

      6 November 2026
      Why investors are souring on Netflix

      Why investors are souring on Netflix

      22 October 2026

      10 days that changed the course of AI

      21 September 2026
      Meta to the AI industry: slow down without us - Mark Zuckerberg

      Meta to the AI industry: slow down without us

      16 September 2026
      Google DeepMind CEO Demis Hassabis. Image: John Sears

      The plan to stop AI from breaking the world

      16 July 2026
    • TCS
      TCS | Nomvuyiso Batyi on the battle over Sim registration - Nomvuyiso Batyi

      TCS | Nomvuyiso Batyi on the battle over Sim registration

      9 November 2026
      TCS+ | Old Mutual's Celiwe Ross on leading people through AI - Old Mutual

      TCS+ | Old Mutual’s Celiwe Ross on leading people through AI

      6 November 2026
      TCS+ | How the Apple ecosystem drives productivity for SMEs - Sudesh Pillay iStore and Kevin McLennan

      TCS+ | How the Apple ecosystem drives productivity for SMEs

      6 November 2026
      TCS+ | Vox on AI, data rules and omnichannel communication for SMEs

      TCS+ | Vox on AI, data rules and omnichannel communication for SMEs

      26 October 2026
      TCS | The Cape Town firm quietly connecting Eskom, Pep and 6 000 ATMs - Réan van Niekerk, Metacom

      TCS | The Cape Town firm quietly connecting Eskom, Pep and 6 000 ATMs

      23 October 2026
    • Opinion
      Icasa's Sim rules need a privacy backstop - Lloyd Matthew and Heinz Vollmer

      Icasa’s Sim rules need a privacy backstop

      5 November 2026
      AI's boardroom honeymoon is over - Gary Stocks

      AI’s boardroom honeymoon is over

      22 October 2026
      Before South Africa licenses Starlink, it should look at Ukraine - Duncan McLeod

      Before South Africa licenses Starlink, it should look at Ukraine

      21 October 2026
      Nonkqubela Thathakahle Jordan-Dyani

      Why cybersecurity is now a national security issue for South Africa

      15 October 2026
      When a machine can choose, who does it become? Fanie van Rooyen

      When a machine can choose, who does it become?

      9 October 2026
    • Company News
      • 1Stream
      • Africa Data Centres
      • AfriGIS
      • Altron Digital Business
      • Altron Document Solutions
      • Altron Group
      • Arctic Wolf
      • Ascent Technology
      • AvertITD
      • BBD
      • Braintree
      • CallMiner
      • CambriLearn
      • CM.com
      • Contactable
      • CYBER1 Solutions
      • Digicloud Africa
      • Digimune
      • Domains.co.za
      • ESET
      • Euphoria Telecom
      • HOSTAFRICA
      • Incredible Business
      • iONLINE
      • IQbusiness
      • Iris Network Systems
      • Kaspersky
      • LSD Open
      • Mitel
      • NEC XON
      • Netstar
      • Network Platforms
      • Next DLP
      • Ovations
      • Paracon
      • Paratus
      • Publishared
      • Q-KON
      • SevenC
      • SkyWire
      • Solid8 Technologies
      • Telit Cinterion
      • Telviva
      • Tenable
      • Vertiv
      • Videri Digital
      • Vodacom Business
      • Vox
      • Wipro
      • Workday
      • XLink
    • Sections
      • AI and machine learning
      • Banking
      • Broadcasting and media
      • Cloud services
      • Contact centres and CX
      • Cryptocurrencies
      • Education and skills
      • Electronics and hardware
      • Energy and sustainability
      • Enterprise software
      • Fintech and payments
      • HealthTech
      • Information security
      • Internet and connectivity
      • Internet of things
      • Investment
      • IT services
      • Lifestyle
      • Policy and regulation
      • Public sector
      • Retail and e-commerce
      • Satellite communications
      • Science
      • SMEs and start-ups
      • Social media
      • Talent and leadership
      • Telecoms
      • Watts & Wheels
    • Events
    • Advertise
    TechCentralTechCentral
    Home » Sections » Telecoms » Makate judgment is ‘fundamentally flawed’: Vodacom

    Makate judgment is ‘fundamentally flawed’: Vodacom

    Vodacom is seeking to overturn a supreme court judgment in the "please call me" matter, calling it “fundamentally flawed”.
    By Duncan McLeod28 February 2024
    Twitter LinkedIn Facebook WhatsApp Email Telegram Copy Link
    Get breaking news on WhatsApp

    Vodacom Group CEO Shameel Joosub

    Vodacom South Africa has approached the constitutional court, seeking to overturn a supreme court of appeal judgment in the “please call me” matter, calling it “fundamentally flawed”.

    The decision to approach South Africa’s apex court comes after the supreme court dismissed an application for leave to appeal, brought by Vodacom against an earlier high court judgment, and ordered the telecommunications operator’s CEO, Shameel Joosub, to make a new offer to Nkosana Makate based on the assumption that Makate had an 18-year contract with the company.

    The constitutional court had found in 2016 that Makate was the inventor of the “please call me” service. Although just who invented the “please call me” idea is strongly disputed, the country’s top court had found that Makate had in fact done so as a former employee and was entitled to be paid for his invention. The apex court left it up to Joosub to determine a fair payout amount.

    The impact of the SCA judgment, should it be upheld, would be vast and wide-ranging

    In a statement to shareholders on Wednesday, Vodacom said there are “key aspects” of the supreme court ruling, which was handed down earlier this month, that “do not accord with the spirit of the law”.

    “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,” Vodacom said.

    In its appeal to the constitutional court, Vodacom said:

    • The supreme court’s order “impinges on the rule of law” in terms of section 1 of the constitution and deprives Vodacom of its right to a fair trial under section 34 of the constitution;
    • The supreme court “misdirected itself” by considering and deciding on issues that had not been placed before it for adjudication by either Vodacom or Makate;
    • The same court “selectively chose to only have regard to Mr Makate’s evidence, as in the case of models for computing compensation payable to Mr Makate, while ignoring swathes of evidence in this regard presented by Vodacom contesting Mr Makate’s version”; and
    • The orders are “unintelligible, incomprehensible and vague, rendering them incapable of implementation and enforcement”.

    “The impact of the SCA judgment, should it 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. It would negatively impact our employees, shareholders and Vodacom’s contribution to public finances. It would also have an impact on our network investment, coverage and social programmes.”

    In the statement, Vodacom said it had previously negotiated with Makate in an effort to “agree reasonable compensation payable to him”.

    ‘Failed’

    “These efforts, to date, unfortunately have failed. Vodacom 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 ‘please call me’ product. It is Vodacom’s desire that the matter be amicably resolved and brought to a timely conclusion.”

    Following the 2016 constitutional court order, Vodacom CEO Shameel Joosub had determined that a reasonable compensation amount for Makate to be R47-million, an amount the former Vodacom employee rejected.

    Makate then approached the high court to have the CEO’s decision reviewed and set aside. The court agreed, and ordered Joosub to reconsider the settlement offer. Vodacom appealed the matter all the way to the supreme court of appeal.

    Vodacom Group’s head office in Midrand, Johannesburg

    However, a majority judgment by the supreme court went against Vodacom, with the court ordering that:

    • The decision of Vodacom on 9 January 2019, determining the compensation to be paid to Makate, was to be set aside; and
    • Makate was entitled to be paid 5-7.5% of the total revenue of the “please call me” product for an 18-year period from 2001 to 2019, plus interest — an amount that has been speculated could cost Vodacom north of R20-billion.  – © 2024 NewsCentral Media

    Get breaking news alerts from TechCentral on WhatsApp

    Add TechCentral as a preferred source on GoogleFollow TechCentral on Google NewsGet breaking news on WhatsApp


    Nkosana Makate Please Call Me Shameel Joosub Vodacom Vodacom South Africa
    WhatsApp YouTube
    Share. Facebook Twitter LinkedIn WhatsApp Telegram Email Copy Link
    Previous ArticleGates Foundation to fund African scientists in malaria, TB fight
    Next Article Canal+ told to make mandatory offer for MultiChoice

    Related Posts

    Vodacom targets satellite-to-phone service in South Africa next year

    Vodacom targets satellite-to-phone service in South Africa next year

    10 November 2026
    Vodacom eyes SA and Kenya for AI data centre hubs after Egypt - Shameel Joosub

    Vodacom eyes SA and Kenya for AI data centre hubs after Egypt

    10 November 2026
    Safaricom ruling tripped default clauses in Vodacom's loans

    Safaricom ruling tripped default clauses in Vodacom’s loans

    10 November 2026
    Company News
    Coen Jonker receives the Lifetime Achievement Award at the inaugural SA FinTech Awards in 2025, presented by Darren Franks, CEO of Finasa

    Finasa’s SA FinTech Awards: banks and fintechs, building together

    11 November 2026
    The hidden risks of fragmented IT and unenforced SLAs - ITC Systems Durban

    The hidden risks of fragmented IT and unenforced SLAs

    10 November 2026
    Why AI-powered customer experience will decide South Africa's festive retail winners - CM.com

    Why AI-powered customer experience will decide South Africa’s festive retail winners

    10 November 2026
    Opinion
    Icasa's Sim rules need a privacy backstop - Lloyd Matthew and Heinz Vollmer

    Icasa’s Sim rules need a privacy backstop

    5 November 2026
    AI's boardroom honeymoon is over - Gary Stocks

    AI’s boardroom honeymoon is over

    22 October 2026
    Before South Africa licenses Starlink, it should look at Ukraine - Duncan McLeod

    Before South Africa licenses Starlink, it should look at Ukraine

    21 October 2026

    Subscribe to Updates

    Get the best South African technology news and analysis delivered to your e-mail inbox every morning.

    Latest Posts
    Court bid could open the door to Starlink without new law

    Court bid could open the door to Starlink in South Africa

    11 November 2026
    Telkom wants Icasa's BEE rules eased for everyone, Starlink included

    Telkom wants Icasa’s BEE rules eased for everyone, Starlink included

    11 November 2026
    TCS | Pick n Pay fights back in online grocery wars - Vince Viviers

    TCS | Pick n Pay fights back in online grocery wars

    11 November 2026
    Malatsi briefed as power outage hits the SABC

    Malatsi briefed as power outage hits the SABC

    11 November 2026
    © 2009 - 2026 NewsCentral Media
    Built and maintained by Chronon
    • Cookie policy (ZA)
    • TechCentral – privacy and Popia

    Type above and press Enter to search. Press Esc to cancel.

    Manage consent

    TechCentral uses cookies to enhance its offerings. Consenting to these technologies allows us to serve you better. Not consenting or withdrawing consent may adversely affect certain features and functions of the website.

    Functional Always active
    The technical storage or access is strictly necessary for the legitimate purpose of enabling the use of a specific service explicitly requested by the subscriber or user, or for the sole purpose of carrying out the transmission of a communication over an electronic communications network.
    Preferences
    The technical storage or access is necessary for the legitimate purpose of storing preferences that are not requested by the subscriber or user.
    Statistics
    The technical storage or access that is used exclusively for statistical purposes. The technical storage or access that is used exclusively for anonymous statistical purposes. Without a subpoena, voluntary compliance on the part of your Internet Service Provider, or additional records from a third party, information stored or retrieved for this purpose alone cannot usually be used to identify you.
    Marketing
    The technical storage or access is required to create user profiles to send advertising, or to track the user on a website or across several websites for similar marketing purposes.
    • Manage options
    • Manage services
    • Manage {vendor_count} vendors
    • Read more about these purposes
    View preferences
    • {title}
    • {title}
    • {title}
    🇿🇦 Sign up to the TechCentral newsletter