Nearly six months after the Constitutional Court heard the landmark ‘Please Call Me’ case, the nation awaits the final ruling to reshape how innovation is recognised and compensated in South Africa.
The case pits Nkosana Makate, the inventor of the ‘Please Call Me’ service, against telecommunications giant Vodacom, which has generated billions from the service since its inception in 2000.
On May 29, it was announced that the Constitutional Court judgment is expected soon, heightening anticipation after months of delay since the November 21, 2024 hearing.
The high-stakes battle over ‘Please Call Me’ compensation
Nkosana Makate, a former Vodacom employee, proposed the ‘Please Call Me’ service in 2000, allowing users to send free call-back requests. This simple idea became a massive revenue generator for Vodacom over the past two decades.
After years of legal battles, Makate has secured nine favorable judgments, including three from the Constitutional Court. Despite this, a final resolution has been elusive.
In 2019, the Supreme Court of Appeal (SCA) ordered Vodacom to pay Makate between 5 percent and 7.5 percent of the revenue generated by the service from 2001 to 2021.
Vodacom initially offered R47 million in compensation, which Makate rejected, demanding a figure closer to R10.2 billion, excluding interest and legal fees. The SCA ruling increased the offer to R80 million plus interest, but Vodacom challenged this, appealing to the Constitutional Court to overturn the decision.
Vodacom argues that its R80 million offer is generous and equitable, claiming Makate’s idea was not the sole source of revenue for the service. The company also contends that the SCA ruling infringes on its right to a fair trial and the rule of law under South Africa’s Constitution.
Judicial delays spark outrage and calls for swift justice
The Constitutional Court heard the case in November 2024 but has yet to deliver its judgment. Court officials have stated that the judgment is “reserved,” with no specific timeline for release. This delay has sparked frustration among Makate’s supporters and legal experts alike.
The #PleaseCallMe Movement, which advocates for Makate, described the delays as “unfair” and warned they threaten the justice system’s integrity. They highlighted that Makate’s legal journey, spanning over 25 years, has been marked by multiple victories, including a 2016 Constitutional Court order that criticized Vodacom’s executives for unethical conduct. The case remains unresolved despite these wins, leaving the public and stakeholders in suspense.
Legal analyst Francois Botes emphasized the importance of timely judgments, noting that judges are expected to deliver rulings within three months after hearing a case to uphold the principle that “justice delayed is justice denied.” The prolonged wait undermines public confidence and leaves both parties without closure.
Vodacom’s spokesperson Byron Kennedy stated, “There’s nothing new to say at this stage. We’re waiting for the Constitutional Court to revert on the matter. ” This reflects the telecom giant’s cautious stance as the legal process continues.
The Constitutional Court’s forthcoming decision will determine the financial compensation owed to Nkosana Makate and set a precedent for how intellectual property and employee innovation are treated in South Africa. The nation watches closely as the court prepares to deliver a long anticipated verdict that has been long anticipated.