ConCourt overturns ‘Please Call Me’ ruling, orders rehearing in Makate vs Vodacom battle

In a historic judgment, outgoing Deputy Chief Justice Raymond Madlanga delivered his last ruling at the Constitutional Court of South Africa, involving the long-running dispute between Nkosana Makate and Vodacom over the Please Call Me invention.

The ruling, delivered unanimously by the bench on Thursday, has profound implications for the case and the legal battle for compensation.

The Constitutional Court ruled that the Supreme Court of Appeal (SCA) had committed several errors in assessing Vodacom’s appeal against a High Court decision.

The High Court initially ordered Vodacom to pay Makate between 5% and 7.5% of the revenue generated from Please Call Me over 18 years.

However, the Constitutional Court’s judgment indicates that this decision was flawed.

In his final judgment, Madlanga remarked, “The court will not rule on the finality in this dispute,” and mentioned that the matter must be referred back to the SCA for further consideration.

He added, “The Constitutional Court believes that the appeal was not properly assessed, and therefore, the matter must be remitted for reconsideration.”

The Court ultimately upheld Vodacom’s appeal, overturning the 2024 SCA ruling that had favoured Makate.

The judgment means that the case is not yet resolved. The legal process will continue at the Supreme Court of Appeal, which will now have the opportunity to reassess the matter.

Despite the setback, Nkosana Makate remains optimistic.

He expressed confidence that he can convince the SCA to recognise his entitlement to billions of rand for his Please Call Me concept.

Makate has consistently maintained that his intellectual property was unfairly taken and that he deserves fair compensation.

“I believe I still have a strong case,” Makate said. “I am hopeful that the SCA will see the justice in my claim and order Vodacom to pay me what I am owed for my invention.”

Supporters of Makate, including the convenor of the Please Call Me movement, expressed disappointment with the ruling.

The convenor said to IOL, “The Constitutional Court has effectively been used as an appeal court. The struggle sadly continues.”

He added, “While this is a setback, we remain hopeful. It’s also within the SCA’s competence to determine civil matters; we trust they will do so fairly. Let’s hope there will be no further appeals.”

The convenor concluded with a rallying cry: “Of course I’m disappointed, but I remain hopeful. This is a true testament that Aluta Continua, the struggle continues.”

As the legal battle continues, the story of Nkosana Makate and the Please Call Me invention remains a powerful reminder of the ongoing fight for fairness, recognition, and the protection of intellectual property rights in South Africa.

IOL