Nkosana Makate’s expectation of closure in his lengthy legal dispute with Vodacom was disrupted on Thursday when the Constitutional Court decided not to deliver a final ruling.
Makate’s hope for finality derailed by Constitutional Court decision
Instead, the matter has been referred back to the Supreme Court of Appeal (SCA) for further review.
This comes after the SCA had previously instructed Vodacom to pay Makate between 5% and 7.5% of all revenue earned through the Please Call Me service since 2001 — a figure that could reach as much as R63 billion.
Makate’s legal team had told the court he was prepared to accept a R9.4 billion settlement.
Why the case Is being sent back
According to the ruling delivered by Acting Deputy Chief Justice Mbuyiseli Madlanga, the Constitutional Court found that the SCA made errors in its judgment. Madlanga said the appeal court failed to explain its reasoning properly and did not take into account all the facts before it.
This means that a new group of judges at the SCA will now reconsider the matter. This process will likely take more time, prolonging a legal fight that has already lasted for nearly 20 years.
In 2016, the Constitutional Court ordered Vodacom to negotiate fair compensation with Makate after acknowledging he invented the Please Call Me service. Vodacom’s CEO, Shameel Joosub, later offered R47 million. Makate rejected this offer, leading to further court battles.
The SCA later overruled Vodacom’s decision and imposed a higher payout amount. However, Vodacom argued that the SCA overstepped its authority by interfering with decisions that were meant to be left to the company’s leadership.
Madlanga agreed with Vodacom, stating the SCA did not follow proper legal procedures and that it should not have replaced the original High Court order without strong reasons.
What happens next?
The Supreme Court of Appeal will now need to review the case again, this time with a new panel of judges. There is still no clear timeline for how long this will take or what the final outcome might be.
While Makate had hoped for finality, Thursday’s ruling means his wait for justice continues.
