Johannesburg – The Constitutional Court has yet to deliver judgment in the high-stakes Please Call Me case between Nkosana Makate and Vodacom, a subsidiary of British telecom giant Vodafone.
The matter was heard on 21 November 2024, but six months later, the ruling remains pending.
Vodacom is appealing a Supreme Court of Appeal (SCA) decision that overturned its initial R47 million compensation offer, rejected by Makate in 2019, and ordered the company to make a new offer.
Makate is demanding R9.4 billion for his invention, which Vodacom has profited from since 2000.
Vodacom Used Makate’s Invention For Years Without Paying
Makate’s lawyer, Stuart Scott, argued in court last November that Vodacom continues to benefit from the Please Call Me idea without compensating its creator.
“Makate is in court this morning and he’s now 48 years old. He is still waiting for his compensation from Vodacom, and they have been using his invention for 24 years,” Scott said.
Despite multiple court victories, including a 2016 Constitutional Court ruling ordering Vodacom to pay Makate, justice remains delayed.
Last year, the SCA reaffirmed its right to 5% of PCM revenue for 18 years, a figure Vodacom once acknowledged in court documents.
Yet, after nine court losses, Vodacom continues legal challenges while Makate waits.
Judgment delay despite draft orders being submitted
The Office of the Chief Justice (OCJ) confirmed to TechFinancials that no judgment date has been set:
“A date for the handing down of judgment in the Constitutional Court matter Vodacom (Pty) Limited v Kenneth Nkosana Makate and Another, Case Number CCT51/24, is yet to be set.
“Parties to the matter will be informed accordingly when the Court is ready to hand down judgment.”
This delay persists despite both legal teams submitting draft orders, a step that could have paved the way for a settlement.
Notably, the Constitutional Court has already ruled on all other November 2024 cases, leaving Makate vs Vodacom as the sole outstanding matter.
Other November Cases Already Decided
Recent judgments from the same session include:
- 7 May 2025: A ruling on copyright law gaps after Blind SA v Minister of Trade, Industry and Competition (heard 28 November 2024).
- 6 May 2025: A decision on automatic citizenship loss for dual nationals (heard 5 November 2024).
- 30 April 2025: A challenge against a prison ban on inmate computers (heard 14 November 2024).
As the wait continues, Makate’s 25-year fight for fair compensation remains unresolved, while Vodacom’s profits from his idea keep growing.
*This article was first published in our sister publication techfinancials.co.za
