Constitutional Court Overturns Ruling in Landmark “Please Call Me” Case
Date: July 31, 2025
By: The Buzz Nook
In a major development in one of South Africa’s most enduring legal battles, the Constitutional Court has overturned the Supreme Court of Appeal (SCA) ruling in the high-profile “Please Call Me” intellectual property dispute between Nkosana Makate and Vodacom. The case has now been referred back to a new panel of judges at the SCA for reconsideration.
🔎 Background of the Case
Nkosana Makate, a former Vodacom employee, originally proposed the concept for the “Please Call Me” service in 2001—a free SMS-based callback tool that allowed users without airtime to request a call back. The service became one of the most commercially successful innovations in South African mobile telecommunications.
In 2016, the Constitutional Court ruled in Makate’s favour, affirming his role as the inventor and ordering Vodacom to enter into compensation negotiations. However, after years of failed talks and disputes over the payout amount, the matter returned to court.
The SCA later ruled that Makate was entitled to between 5% and 7.5% of the total revenue generated by Please Call Me over an 18-year period—an amount estimated to range between R29 billion and R63 billion. Makate reportedly offered to settle the matter for R9.4 billion, excluding interest.
⚖️ Today’s Constitutional Court Ruling
In its latest decision, the Constitutional Court found that the SCA ruling suffered from multiple legal shortcomings, describing them as “fatal flaws.” It further held that the matter must be reviewed afresh by a newly constituted SCA panel.
“The interests of justice require that the Supreme Court of Appeal rehear the matter with a new panel of judges,” the judgment read.
This move effectively nullifies the prior SCA ruling and reopens the case for further legal scrutiny.
📉 Vodacom’s Response
Vodacom has welcomed the ruling, stating that the company will study the judgment in full before making further public comments. The telecommunications giant has long maintained that it entered into a good-faith settlement process, though it has disputed the billions claimed by Makate.
🔄 What Happens Next?
- The case returns to the SCA under a new judicial panel.
- A new determination on compensation will need to be made, based on fresh arguments and evidence.
- The timeline for resolution remains uncertain, though public pressure continues to mount for finality.
🌍 Broader Significance
The outcome of this case holds far-reaching implications for intellectual property rights, corporate accountability, and the treatment of innovators and employees within large institutions.
It also raises pressing questions about:
- How South African courts evaluate commercial contributions from staff.
- The value of grassroots innovation in corporate settings.
- The role of justice in ensuring equitable recognition and reward.
🗣️ Public Reaction
The ruling has reignited public debate, with many South Africans taking to social media to express solidarity with Makate, citing his years-long pursuit of justice as symbolic of broader struggles against corporate dominance and inequality.
📌 Editorial Note
The Buzz Nook will continue to follow developments in this case and provide updates as new legal proceedings unfold.
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