“Please Call Me” creator scores huge legal victory against Vodafone. The UK-based majority shareholder in Vodacom, has been denied access to South Africa’s courts in the ongoing legal battle involving “Please Call Me” idea-man Kenneth Nkosana Makate.
The Constitutional Court ruled against Vodafone’s application to intervene as an amicus curiae (“friend of the court”), with Makate celebrating the decision as a “massive victory.”
The court’s refusal marks another chapter in a lengthy and bitter dispute over the “Please Call Me” service, a free call-back feature Makate claims to have conceptualised during his time as a trainee accountant at Vodacom.
Though the service was implemented in 2001, Makate has been embroiled in a legal battle since 2008 over compensation, demanding between 5% and 7.5% of the revenue generated from the service.
The Supreme Court of Appeal (SCA) recently ruled in his favour, ordering Vodacom to pay out at least R29 billion ($1.5 billion) with interest. According to Makate, Vodacom requested private talks.
Vodafone’s bid to join the case was met with fierce resistance. Makate argued that as a controlling shareholder of Vodacom, Vodafone’s involvement would be tantamount to interference.
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The Constitutional Court agreed, rejecting Vodafone’s attempt to bolster Vodacom’s defence by offering expertise on legal matters. Makate welcomed the decision, calling it a significant win against corporate giants.
This ruling follows years of back-and-forth court battles
Vodacom initially offered Makate R47 million in compensation, a figure he labelled an “insult.” The SCA later ruled that Vodacom must calculate his payment based on actual revenue from the “Please Call Me” service, a decision Vodacom is now appealing to the Constitutional Court.
The Constitutional Court issued a directive in August that it will hear Vodacom’s arguments for why the apex court should hear its appeal while asking the telco to present the merits of its case.
The stakes are high for Vodacom, which warned that such a massive payout could severely affect its financial standing, public programmes, and even South Africa’s public finance, to which it contributes significantly.
Despite these claims, the courts maintain their judgements, with Vodacom now facing the possibility of paying Makate billions in compensation. With Vodafone now officially out of the courtroom, all eyes are on the Constitutional Court as Vodacom’s appeal looms.
As the legal battle continues, Makate’s case against Vodacom has come to represent the resilience of an individual standing up to a corporate powerhouse in South Africa.
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