The constitutional court has granted Vodacom leave to appeal in its ongoing legal battle with “please call me” inventor Nkosana Makate, meaning the case which has been ongoing for nearly two decades is yet to reach a conclusion.
In a judgment handed down by acting deputy chief justice Mbuyiseli Madlanga, the matter has been sent back to the supreme court of appeal, with the court ordering that it be heard by a different panel judges.
Makate has been ordered to pay the legal costs of Vodacom’s counsel at the constitutional court, including the cost of three senior counsel. The judgment was unanimous.
“This court has agonised over Vodacom’s submissions about a court’s disregard of facts constituting a failure of justice,” said acting deputy chief justice Mbuyiseni Madlanga.
The constitutional court found that the SCA failed in its duty by not granting Vodacom a fair trial.
Madlanga said the appeals court, in its appraisal of the matter, failed to determine whether the determination made by Vodacom Group CEO Shameel Joosub that Makate should be awarded R47-million was indeed inequitable.
Furthermore, Madlanga said the appeals court appeared not to have considered whether the alternative calculation model given by Makate, in which claimed he should be awarded R9.6-billion, was incorrect – even though there was evidence to suggest that it was.
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Responding to the judgment, a Vodacom spokesman said the company is “pleased that the constitutional court has upheld its appeal, with the case referred to a new panel of the supreme court of appeal. Vodacom will now review the judgment in full and take appropriate next steps.”
Makate could not immediately be reached on his mobile phone for comment.
Read: ‘Please call me’: YeboYethu warns of dire consequences for BEE
Vodacom’s share price jumped on the news of the company’s victory at the constitutional court. It was latest trading more than 5% higher at R147. — (c) 2025 NewsCentral Media
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