ConCourt sends Vodacom 'Please call me' case back to the SCA

A branch South African mobile communications provider Vodacom in Cape Town is shown in this picture taken 10 November 2015. Reuters/Mike Hutchings/File Photo

In 2019, Vodacom offered Makate R47m in compensation for his part in the 'Please call me' service. Makate refused this, stating he was owed billions, and took the matter to the SCA.

The SCA judgment, issued in February 2024, ordered the telecoms giant to make a new offer of between 5% and 7.5% of the total voice revenue of the product generated over 18 years, plus interest. This equated to between R9.7bn and R63bn, depending on the percentages used.

Vodacom subsequently approached the ConCourt to appeal this ruling, which the apex court heard in November last year.

In a post on X today, the Constitutional Court stated:

(2/3) Did the Supreme Court of Appeal act beyond its jurisdiction in setting aside and substituting the High Court’s order with its own, in the absence of a cross-appeal?

— Constitutional Court (@ConCourtSA) July 30, 2025

In the televised announcement of the judgment, Justice Mbuyiseli Madlanga stated the following:

"We cannot suddenly be at large...to determine those factual issues. The matter must be remitted to the Supreme Court of Appeal for a proper determination...and that must be before a differently constituted panel of the Supreme Court of Appeal."

The full ConCourt ruling, as handed down by Justice Madlanga stated:

1. "Leave to appeal is granted.
   
2. The appeal is upheld.
   
3. The order of the Supreme Court of Appeal is set aside.
   
4. The matter is remitted to the Supreme Court of Appeal to be reheard by a differently constituted panel of judges of that court.
   
5. Each party must pay their own...costs in respect of the abortive hearing of the matter in the Supreme Court of Appeal.
   
6. The first respondent must pay the applicants costs in this court, including the costs of three council."
   

View the clip below:

[BREAKING NEW]
Justice Mbuyiseli Madlanga has ruled that the “Please Call Me” case between Nkosana Makate and Vodacom must return to the Supreme Court of Appeal for reconsideration. pic.twitter.com/KL5omMucdy

— SABC News (@SABCNews) July 31, 2025

This high profile, 'David vs Goliath' case has been ongoing since 2008. Makate is being back by litigation financiers, Sterling Rand.

Updated at 1pm to include video clip and full ConCourt ruling.