vodacom
Johannesburg, South Africa – Vodacom Group Limited is poised to escalate its lengthy legal dispute with Nkosana Makate, credited with the concept of the “Please Call Me” service, to the highest court in South Africa. This move comes in the wake of the Supreme Court of Appeal’s recent dismissal of Vodacom’s appeal, favoring Makate.
On Tuesday, the Supreme Court of Appeal effectively mandated Vodacom to remunerate Makate with a share ranging from 5% to 7.5% of the total revenue accrued by the Please Call Me service over an 18-year timeframe, factoring in applicable interest. The telecommunications giant now has 30 days to calculate and offer a reasonable compensation to Makate, per the court’s directive.
In response to the SCA’s decision, Vodacom expressed its consternation and intent to pursue a further challenge, “Vodacom notes the judgment of the Supreme Court of Appeal of South Africa in the case of Vodacom (Pty) Ltd v Makate, delivered on 6 February 2024. Vodacom is surprised and disappointed with the judgment and will bring an application for leave to appeal before the Constitutional Court of South Africa.”
The company is attempting to reverse a verdict handed down by the North Gauteng High Court, which sustained Makate’s claim to a substantial 27% share of the revenue generated by his invention. This judgment also saw the Supreme Court dismissing Vodacom’s application for leave to appeal against an earlier High Court ruling and compelled Vodacom CEO Shameel Joosub to formulate a new compensation deal for Makate.
Should the Constitutional Court decline Vodacom’s forthcoming appeal, the telecommunications behemoth may be facing a financial repercussion significantly exceeding the initial R47-million compensation proposal—Makate’s rejection of which has been his steadfast adherence to his entitlement of a far larger sum estimated between R28 billion and R110 billion.
The legal confrontation, dating back to the early 2000s when Makate put forward the concept while employed at Vodacom, illustrates the complexities and potential pitfalls surrounding intellectual property and adequate compensation in the tech industry.
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