Makate's Battle with Vodacom Heads Back to Supreme Court

(The Post News)– South Africa’s highest court has sent the billion-rand compensation battle between Nkosana Makate and Vodacom back to the Supreme Court of Appeal, extending what is already one of the country’s most drawn-out and high-stakes legal disputes.

In a judgment delivered on Thursday by retiring Constitutional Court Justice Mbuyiseni Madlanga, the case took another turn, which potentially prolonged Makate’s wait. His compensation claim ranges from Vodacom’s R47 million offer to over R10 billion demanded by Makate.

During a special session in Braamfontein, Johannesburg, the Constitutional Court ruled in favor of Vodacom. Justice Madlanga, in his final unanimous judgment, stated that the Supreme Court of Appeal’s February 2024 ruling, which had overturned Vodacom’s compensation offer to Makate, lacked legal standing.

Vodacom approached the Constitutional Court in November 2024 to challenge the SCA’s earlier ruling, which nullified its 2019 R47 million offer to Makate. Makate opposed Vodacom’s application, insisting he is entitled to R9.4 billion in compensation for his role in creating the Please Call Me service, a free SMS feature that allows users to request a call when they have no airtime.

The Constitutional Court had to either reject Vodacom’s application and provide guidance on implementing the SCA ruling or grant the request and hear the full appeal before issuing a final decision. Estimates from expert testimony and Makate’s legal team suggest fair compensation could range between R9 billion and R63 billion, while Makate has expressed willingness to settle for R9.4 billion.

In 2022, the Pretoria High Court ruled that Vodacom owed Makate more than the initial R47 million compensation offered by CEO Shameel Joosub, an offer Makate declined. Meanwhile, in the November 2024 appeal hearing, which led to the current Constitutional Court judgment, Makate was represented by lawyer Stuart Scott, while Vodacom’s case, argued by Advocate Wim Trengrove SC, maintained that Makate was not entitled to up to R63 billion and insisted their revised offer of R80 million, including interest, was fair and reasonable.

Makate shared his ‘Please Call Me’ concept with Vodacom in November 2000 while still a trainee. The legal battle began in 2008, following years of stalled negotiations. With no resolution in sight, the case now returns to the Supreme Court of Appeal, further prolonging Makate’s 17-year legal struggle.

journalist-thembeka@thepostnews.net