Following eight months of anticipation, the Constitutional Court has overturned the Supreme Court of Appeal's judgment regarding the compensation owed to Nkosana Makate by Vodacom in the famous 'Please call me' case, and is returning the matter to SCA to be heard by a new panel of judges.
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:
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:
- "Leave to appeal is granted.
- The appeal is upheld.
- The order of the Supreme Court of Appeal is set aside.
- The matter is remitted to the Supreme Court of Appeal to be reheard by a differently constituted panel of judges of that court.
- Each party must pay their own...costs in respect of the abortive hearing of the matter in the Supreme Court of Appeal.
- The first respondent must pay the applicants costs in this court, including the costs of three council."
View the clip below:
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.
