The constitutional court has decided it will entertain an appeal by Vodacom South Africa in its long-running fight with Nkosana Makate, the man who was found to have invented the “please call me” cellphone service.

The move means the country’s top court will now hear the merits of the case, in which Makate is seeking compensation from Vodacom for the idea. An earlier court ruling could mean Makate could claim as much as R63-billion from the mobile operator.

“Vodacom confirms that on 26 August, the constitutional court issued a directive that it will hear [the] application for leave to appeal in the PCM matter, in tandem with its appeal against the supreme court of appeal judgment.”

A February majority judgment by the supreme court would entitle Makate to compensation ranging between R29-billion and R63-billion, which would have “devastating consequences” for the mobile network operator, its employees and its investors, Vodacom said in papers filed on 26 February at the constitutional court.

The case has gone back and forth for many years as Vodacom and Makate wrangle over the appropriate compensation for the idea he proposed to the company’s product development team when he worked in the finance division in the 2000s.

The parties agreed to private talks earlier this year with a view to reaching an out-of-court settlement. It’s not clear whether those talks are ongoing, and a Vodacom spokesman declined to provide clarity, citing confidentiality.

Courtroom saga

Vodacom Group CEO Shameel Joosub had previously proposed a cash settlement of R47-million in line with an earlier instruction by the constitutional court for him to determine a fair settlement amount. Makate rejected this, however, and returned to the high court.

In February 2022, this court set aside Joosub’s determination and ordered him to reconsider the settlement. Vodacom then appealed to the supreme court, which found in a majority judgment handed down in February this year in favour of Makate, prompting the appeal to the apex court.

The constitutional court has directed Vodacom to file a paginated record by 26 September “containing only those portions of the record that are strictly necessary for the determination of the issues”. Written argument must be supplied by Vodacom by 10 October, with Makate directed to respond in writing by 17 October. – © 2024 NewsCentral Media