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Julius Malema Urges Mediation in "Please Call Me" Dispute as Vodacom Faces SCA Defeat

Published February 09, 2024
1 years ago

The recent ruling by the Supreme Court of Appeal (SCA) in Bloemfontein has once again placed the spotlight on the contentious legal struggle between telecommunications giant Vodacom and Nkosana Makate, the inventor credited with the "Please Call Me" service concept. Julius Malema, the firebrand leader of the Economic Freedom Fighters (EFF), has now weighed in on the issue, advocating for the use of mediation to bring the protracted 16-year dispute to a close.


This latest development comes as Vodacom suffered a legal setback at the hands of the SCA, which favored Makate, rejecting the company's previous compensation offer of R47 million made in 2019. The court instructed Vodacom to return to the negotiating table and present Makate with a "reasonable compensation" offer. Malema, who is known for his vociferous approach to matters of injustice, has urged Vodacom to demonstrate its good faith through mediation rather than prolonging what many view as an already exhaustive legal process.


Malema's intervention highlights the societal and racial undercurrents that the case has stirred, pinpointing Vodacom's actions as arrogance towards Makate, who he refers to as an "African brother." This sentiment echoes the broader frustration amongst the South African public, who have increasingly viewed the legal battle as a Goliath-versus-David narrative epitomized by corporate obstinacy against individual creativity.


In his statement, Malema drew attention to the potential role of impartial mediators such as the esteemed former Chief Justices Mogoeng Mogoeng, Pius Nkonzo Langa, as well as the former Deputy Chief Justice Dikgang Moseneke. The involvement of such reputable figures could lead to an equitable and fair resolution that respects both parties' arguments.


Despite the clear ruling from the SCA, which gave Vodacom a limited timeframe of one month to comply, the telecoms company has opted to appeal the judgment further by taking the battle to the highest legal echelon in South Africa — the Constitutional Court. Vodacom’s determination in pursuing this matter through the courts continues to stir public debate.


SCA Judge Ashton Scheepers' ruling negated Vodacom CEO Shameel Joosub's sentiment that Makate should be compensated based on a five-year contractual period. Instead, the judge ruled for an 18-year compensation period, starting from the service's inception, taking into account the time value of money with an average inflation rate of 5%.


The unfolding drama between Vodacom and Makate goes beyond mere contractual disputes and enters the realm of societal ethics and corporate responsibility. As the matter escalates towards another potential court date, all eyes remain on how Vodacom will ultimately respond to the clarion call for mediation and resolution within the year, as emphatically demanded by Malema.



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