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Nkosana Makate Slams Constitutional Court Over Vodacom Legal Costs in “Please Call Me” Case

Inventor Decries “Harsh” Ruling as David vs. Goliath Battle Continues

In a dramatic twist to South Africa’s longest-running intellectual property dispute, Nkosana Makate has launched a scathing critique of the Constitutional Court’s decision to hold him liable for Vodacom’s legal costs in their ongoing battle over compensation for his “Please Call Me” invention.

A Bitter Pill to Swallow

Speaking exclusively to the Sunday Times, an emotional Makate described feeling “beaten to the ground by the highest court in the land” after being ordered to pay costs stemming from what he claims were judicial errors at the Supreme Court of Appeal (SCA).

“It’s a strong message to those who litigate against giants and corporates,” Makate lamented. “You’re made to carry the load of a botched hearing by our own judges.”

The controversial decision comes after the Constitutional Court overturned an SCA ruling that had initially appeared to favor Makate. The SCA had previously ordered Vodacom to pay between 5% and 7.5% of voice revenue generated by Please Call Me over 18 years – potentially amounting to R29-R63 billion.

Legal Earthquake at Constitutional Court

In a unanimous decision that legal experts describe as unprecedented, Acting Deputy Chief Justice Mbuyiseli Madlanga declared the SCA judgment “thinly reasoned and characterised by confusing reasoning.” The court found Vodacom’s right to a fair hearing had been violated, ordering a complete rehearing before a new SCA panel.

Justice Madlanga noted the extraordinary circumstances of the case, including:

• The massive court record spanning two decades
• Novel legal questions about intellectual property compensation
• Stakes involving tens of billions of rand

“None of the parties is to blame for the abortive SCA hearing,” Madlanga stated, while nonetheless ordering Makate to bear Vodacom’s legal costs for three counsel – a decision that has sparked outrage among legal observers.

The Never-Ending Legal Saga

Makate’s battle with Vodacom represents one of South Africa’s most protracted corporate disputes:

Corporate Giant vs. Lone Inventor

The case has become emblematic of the challenges individual innovators face when taking on corporate behemoths. Vodacom, with its vast legal resources, has consistently argued that Makate’s compensation demands are unrealistic.

In court filings, Vodacom accused Makate of attempting to “rewrite the SCA majority’s order” through selective interpretation. The telecom giant maintains that MTN – not Makate – actually invented the technology behind Please Call Me, a claim supported by patent records showing MTN launched its service weeks before Vodacom.

Makate, however, remains undeterred. “I will not accept Vodacom’s current offer,” he vowed, confirming his intention to continue the fight at the SCA. “This is about principle, not just money.”

What Comes Next?

As the case returns to the Supreme Court of Appeal, legal experts predict several potential outcomes:

1. New Compensation Framework: The SCA may establish clearer guidelines for calculating intellectual property value
2. Settlement Pressure: Both sides could face renewed calls to negotiate outside court
3. Further Appeals: The Constitutional Court may ultimately need to revisit the matter

For now, Makate’s struggle continues to captivate South Africa, raising fundamental questions about innovation rights, corporate accountability, and whether the justice system truly levels the playing field between individuals and powerful institutions.

Source: MyBroadband

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