No Ruling Yet: Makate vs Vodacom Case Postponed, Leaving South Africa in Anticipation

Johannesburg – The Constitutional Court has yet to issue its ruling in the pivotal Please Call Me case involving Nkosana Makate and Vodacom, a subsidiary of the British telecommunications leader, Vodafone.

This case was brought forward on 21 November 2024, but six months later, a verdict is still pending.

Vodacom is contesting a Supreme Court of Appeal (SCA) decision which invalidated its initial R47 million compensation proposal, a figure that Makate declined in 2019, and instructed the company to make a new offer.

Makate is demanding R9.4 billion for his invention, which Vodacom has been profiting from since 2000.

Vodacom Has Capitalized on Makate’s Invention for Years Without Payment

During court proceedings last November, Makate’s attorney, Stuart Scott, argued that Vodacom continues to benefit from the Please Call Me concept without providing compensation to its creator.

“Makate is in court today, now 48 years old, still waiting for his compensation from Vodacom, which has exploited his invention for 24 years,” Scott remarked.

Even with multiple court victories, including a 2016 Constitutional Court ruling directing Vodacom to pay Makate, justice remains out of reach.

Last year, the SCA reaffirmed Makate’s entitlement to 5% of the PCM revenue over an 18-year period, a detail acknowledged by Vodacom in court documents.

Nonetheless, after losing nine legal battles, Vodacom persists in challenging while Makate remains in uncertainty.

Judgment Delay Despite Draft Orders Submitted

The Office of the Chief Justice (OCJ) notified TechFinancials that no date for the judgment has been established:

“A judgment date for the Constitutional Court matter Vodacom (Pty) Limited v Kenneth Nkosana Makate and Another, Case Number CCT51/24, is still to be set.

“All involved parties will be informed when the Court is ready to release its judgment.”

This delay persists despite both legal teams having provided draft orders that might have encouraged a resolution.

Notably, the Constitutional Court has ruled on all other cases from November 2024, leaving Makate vs Vodacom as the only pending issue.

Other November Cases Already Resolved

Recent decisions from the same session include:

• 7 May 2025: A ruling addressing inconsistencies in copyright law stemming from Blind SA v Minister of Trade, Industry and Competition (heard on 28 November 2024).
• 6 May 2025: A verdict regarding the automatic loss of citizenship for dual nationals (heard on 5 November 2024).
• 30 April 2025: A challenge on the prohibition of computers for inmates (heard on 14 November 2024).

While the situation remains unresolved, Makate’s 25-year pursuit for just compensation continues, as Vodacom’s profits from his idea keep growing.

*This article was originally published in our sister publication techfinancials.co.za