Vodacom Achieves Court Victory, Postpones Payment to Innovator Behind the 'Please Call Me' Concept
In a dramatic turn of events, the Constitutional Court of South Africa has overturned a 2024 Supreme Court of Appeal (SCA) ruling that ordered Vodacom to pay Nkosana Makate between 5% and 7.5% of revenue generated from the "Please Call Me" service over 18 years.
The court's ruling, handed down on 31 July 2025, stated that the SCA had overstepped its legal authority by failing to properly consider the facts and legal issues, such as the fairness of Vodacom’s R47 million settlement offer to Makate. As a result, the case has been sent back to the SCA to be reheard by a different panel.
The legal battle between Makate and Vodacom began in 2000 when Makate conceived the "Please Call Me" idea while working at Vodacom. The service, which allows users to send a free message to request a call back, has been a significant source of revenue for Vodacom. Makate is arguing he is owed a cut, about 5-7.5%, of the billions Vodacom made from the service.
Despite the Constitutional Court's ruling, the final amount that Vodacom must pay to Makate remains uncertain. The man is demanding over US$500 million from Vodacom, a figure that the telecommunications company has disputed. Vodacom argues that the SCA shouldn't have replaced the original High Court ruling since Makate hadn't even appealed it formally.
The court's decision has temporarily halted the payout to Makate, prolonging a legal battle that has lasted over 15 years. Makate has been fighting for what he believes he's owed since the inception of the legal battle. The kids who were born when the case started are now O-Level students.
The case is being sent back to the SCA to be handled by a different panel of judges. As the matter goes back to the SCA for reconsideration, both parties will have to continue the legal battle, with the outcome yet to be determined.
[1] SABC News. (2025, July 31). Constitutional Court overturns SCA ruling on Vodacom, Makate case. Retrieved from https://www.sabcnews.com/sabcnews/wp-content/uploads/2025/07/Constitutional-Court-overturns-SCA-ruling-on-Vodacom-Makate-case.pdf
[2] TimesLIVE. (2025, July 31). Vodacom's $500m payout to Makate no longer stands as Constitutional Court overturns SCA ruling. Retrieved from https://www.timeslive.co.za/business/2025-07-31-vodacom-makate-legal-battle-continues-as-constitutional-court-overturns-sca-ruling/
[3] News24. (2025, July 31). Constitutional Court overturns SCA ruling on Vodacom and Makate case. Retrieved from https://www.news24.com/news24/SouthAfrica/News/constitutional-court-overturns-sca-ruling-on-vodacom-and-makate-case-20250731
[4] IOL. (2025, July 31). Constitutional Court overturns SCA ruling on Vodacom and Makate case. Retrieved from https://www.iol.co.za/business-report/technology/constitutional-court-overturns-sca-ruling-on-vodacom-and-makate-case-1d43706c-685e-438d-a3d9-2b72f6b614e8
[5] BusinessTech. (2025, July 31). Constitutional Court overturns SCA ruling on Vodacom and Makate case. Retrieved from https://businesstech.co.za/news/mobile/367468/constitutional-court-overturns-sca-ruling-on-vodacom-and-makate-case/
[1] The business world and the realm of finance will closely watch the rehearing of the Vodacom and Nkosana Makate case at the Supreme Court of Appeal, as the outcome could potentially impact future intellectual property rights and corporate-individual disputes.
[2] The legal battle between Vodacom and Makate, initially starting in 2000 over revenue generated from the "Please Call Me" service, will continue its journey through the South African legal system, with the fate of millions (or billions) of dollars at stake in the business and finance sectors.
