Vodacom Vs. Makate Legal Saga Continues as ConCourt Denies Vodafone’s Amicus Curiae Bid

The Constitutional Court of South Africa has delivered a significant judgment that impacts the ongoing legal wrangle between Vodacom and Kenneth Makate. The famous "Please Call Me" inventor, Makate, stands firm as the apex court refused to grant Vodafone, a UK-based telecommunications mogul, leave to join the case as a friend of the court, a move praised by Makate as a "massive victory".

Vodafone’s application was dismissed on the grounds that it failed to articulate a convincing argument for inclusion as an amicus curiae, commonly known as a friend of the court. This legal status would have allowed Vodafone to provide information, expertise, or insight pertinent to the case's matters, yet the court saw no merit in their application. The ruling served a blow to Vodafone whose affiliation with Vodacom is well noted.

On the other side of the dispute is Makate, who has been locked in a legal battle with Vodacom concerning his claim over the lucrative Please Call Me feature, which he alleges to have conceived in 2000 while working for the company. Vodacom has been criticized for not adequately compensating Makate for his idea, which has generated substantial revenue since its inception.

The Supreme Court of Appeal (SCA) recently weighed in on the matter, directing Vodacom to pay Makate a substantial 5% of the service's total revenue amassed between 2001 and 2021. Depending on the final calculations, Makate's payday could range from R29 billion to a staggering R63 billion, catapulting him into the league of South Africa’s wealthiest individuals.

A prior compensation of R47 million, offered by Vodacom and determined to be insufficient by the SCA's standards, was upended in favor of the new percentage-based directive. Attention to this case soared when Judge Ashton Schippers delivered a meticulous 66-page judgment, intricately outlining the rationale for revising the compensation due to Makate, firmly placing him in the position to receive a fair share, inclusive of interest.

Makate's journey to this point has been arduous. The dispute began to unravel when former Vodacom CEO Alan Knott-Craig erroneously laid claim to the invention in his 2009 autobiography. This propelled Makate to initiate legal action in 2008, seeking rightful acknowledgment and recompense for his innovation.

After years of litigious engagements, the Constitutional Court initially ruled in favor of Makate, instructing Vodacom to enter into fair negotiations for compensation. However, the matter has since escalated to the SCA and back to the Constitutional Court for further deliberation, with Vodacom's financial response still pending.

The Constitutional Court is primed to adjudicate the issue anew, minus the involvement of Vodafone, leaving the spotlight squarely on the contest between Vodacom and Makate.