POLL | Should Vodacom accept it wronged Nkosana Makate and pay back the money?

07 February 2024 - 12:00 By Rethabile Radebe
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'Please Call Me' inventor Nkosana Makate has been battling Vodacom for decades. File photo.
'Please Call Me' inventor Nkosana Makate has been battling Vodacom for decades. File photo.
Image: Simphiwe Nkwali

As the 16-year legal tussle between cellphone network provider Vodacom and its former employee and “Please Call Me” inventor Nkosana Makate continues, many are asking why the corporate giant does not pay Makate what is due to him.

Vodacom was dealt yet another major blow in the legal feud when the Supreme Court of Appeal in Bloemfontein rejected the company's R47m offer made as compensation to Makate for his invention of the popular cellphone feature.

The court made the ruling on Tuesday, sending Vodacom back to the drawing board to make a new offer, but the company is sticking to its guns and will appeal the court ruling.

Speaking after the ruling, an optimistic Makate expressed happiness as the second apex court has “cleared ambiguities that may have existed”.

“I am thrilled with the order. It’s much better than that of the high court.”

Vodacom CEO Shameel Joosub was told he blundered when he limited the duration of the contract to five years and he should have factored in the actual duration of the Please Call Me service which, according to Makate is 18 years.

Joosub argued the R47m settlement offer emanated from the determination Makate was entitled to 5% of the Please Call Me revenue for five years.

The court battle between Makate and Vodacom has been going on since 2008.

Vodacom has been given a 30-day deadline to make a new offer to Makate.

In a ruling made by the Constitutional Court in April 2016 Vodacom was told it was bound to an agreement Makate had with the company’s then director of product development Phillip Geissler.

The court ordered Vodacom to begin negotiations with Makate for a reasonable payout to compensate him. Makate initially demanded 15% of the Please Call Me proceeds.

TimesLIVE


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