Cape Town — The Constitutional Court has rejected Vodafone’s attempt to join the Please Call Me case as a friend of the court, following the dismissal of its bid last week.
According to The Citizen, the ConCourt reviewed Vodafone’s application and ruled against it, stating that no sufficient grounds were presented for the company to be admitted as amicus curiae (a non-party to a legal case offering information or expertise).
The dispute between Vodacom and Kenneth Makate, the creator of the Please Call Me idea, has been ongoing since 2008. Makate first conceived the idea in 2000 while working as a trainee at Vodacom. However, he faced a legal battle when former Vodacom CEO Alan Knott-Craig falsely claimed in his autobiography that he invented the concept.
With Vodacom now excluded from court proceedings, Makate called this a “massive victory”, the report said.
Makate initially took legal action against Vodacom in 2008, seeking compensation for his idea. The case eventually reached the ConCourt, which ruled in his favour, stating that Vodacom must negotiate compensation with him.
Note South Africans📍
On Friday 6 September, @ConcourtSA 8 Justices “DISMISSED” @VodafoneUK application as “amicus curiae” and “REFUSED LEAVE TO APPEAL”
This means:
1. Vodafone UK plea of poverty is dismissed.
2.Vodafone UK has to retain the 1.4 bil euro contingent liability… pic.twitter.com/vzqeLsiWjg— #PleaseCallMe Movement (@NelsonQ_Tau) September 8, 2024
According to BusinessTech, Makate’s legal team had demanded R20 billion to compensate him for the idea, on the basis that the Please Call Me service has generated more than R200 billion since its implementation.
Vodacom did not see this as a fair deal, and after being ordered to compensate Makate for his idea, offered him R10 million, which he rejected. The Vodacom CEO, Shameel Joosub and his team constructed four models to estimate how much Makate should receive.
The average of the models with the highest value, Vodacom offered Makate R47 million, which he rejected as well. He approached the High Court in February 2024 and it ruled in his favour Vodacom appealed this ruling.
The Supreme Court of Appeal ordered Vodacom to compensate Makate between 5 and 7.5% of revenue generated across 18 years, ranging between R28.9 billion to R55.3 billion.
However, in June, Makate’s legal team opposed Vodafone from joining proceedings and was seeking compensation for a 2020 claim of R9.7 billion, which still stands currently.
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Compiled by Matthew Petersen
