Concourt overturns ‘Please Call Me’ ruling, orders rehearing

IN A HISTORIC judgment, outgoing Deputy Chief Justice Raymond Madlanga delivered his last ruling at the Constitutional Court of South Africa, involving the long-running dispute between Nkosana Makate and Vodacom over the Please Call Me invention.

- THABO MAKWAKWA

The ruling, delivered unanimously by the bench yesterday, has profound implications for the case and the legal battle for compensation.

The Constitutional Court ruled that the Supreme Court of Appeal (SCA) had committed several errors in assessing Vodacom’s appeal against a High Court decision.

The High Court initially ordered Vodacom to pay Makate between 5% and 7.5% of the revenue generated from Please Call Me over 18 years.

However, the Constitutional Court's judgment indicates that this decision was flawed.

In his final judgment, Madlanga remarked, “The court will not rule on the finality in this dispute,” and mentioned that the matter must be referred back to the SCA.